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CONSTITUTIONS  and  DOCUMENTS 


ILLUSTRATIVE  OF  THE 


HISTORY  OF  FRANCE,  1789-1901 


THE 


CONSTITUTIONS 

n 

AND  OTHER 

SELECT  DOCUMENTS 


ILLUSTRATIVE  OF  THE 


History  of  France 

1789-1901 


BY 

FRANK  MALOY  ANDERSON 


Assistant  Professor  of  History  in  the  University'  of  Minnesota 


- MINNEAPOLIS 

THE  H.  W.  WILSON  COMPANY 

1904 


Copyright,  1904,  by 


Frank  Maloy  Anderson 


PREFACE 


The  practice  of  studying  documents  in  connection  with  the 
history  courses  given  in  American  universities,  colleges,  and 
high  schools  has  now  become  so  general,  and  the  results  at- 
tained so  satisfactory,  that  the  method  no  longer  requires  any 
defence.  With  the  introduction  of  the  system  has  come  a 
new  kind  of  manual,  the  document-book.  So  many  excellent 
books  of  this  description  have  already  appeared  that  the  editor 
of  still  another  may  be  reasonably  expected  to  offer  an  ade- 
quate explanation  for  its  publication. 

Three  considerations  have  induced  me  to  prepare  this  vol- 
ume. The  first  of  these  is  personal  and  local.  For  several 
years  past  I have  made  a practice  of  dividing  my  class  in 
modern  European  history  into  small  sections  which  I could 
meet  once  each  week  around  the  seminary  table.  At  these 
meetings  we  have  studied  together  a considerable  part  of  the 
documents  here  included,  but  the  work  has  been  hampered  by 
the  lack  of  a convenient  collection  of  the  documents.  Fidelity 
to  the  interest  of  my  pupils  seemed  to  impose  upon  me  the 
obligation  to  remove  this  difficulty.  The  second  consider- 
ation lies  in  the  attractiveness  of  the  documents.  After  con- 
siderable experience  in  the  use  of  various  classes  of  documents 
upon  European  history  I have  reached  the  conclusion  that  stu- 
dents find  the  modern  French  documents  more  attractive  than 
any  others.  Doubtless  the  chief  reasons  for  this  preference  are 
that  modern  documents  are  more  easily  comprehended  than 
those  of  more  remote  periods  and  that  the  style  of  the  French 
is  superior  to  that  of  English  and  German  documents.  Since 
documentary  study  must  usually  be  confined  to  a small  part 
of  the  field  traversed  by  a class,  I believe  that  for  classes  in 
modern  European  history  the  preference  of  the  students 
may  well  be  allowed  to  control  the  selection  of  the  period  to 
be  studied.  The  third  consideration  is  the  importance  of  the 


PREFACE 


vi 

field  covered.  The  history  of  France  since  the  beginning  of 
the  Revolution  surely  deserves  a volume  in  English  present- 
ing as  large  a proportion  as  possible  of  the  important  docu- 
ments. 

The  task  of  selecting  the  documents  for  a book  of  this 
description  is  a difficult  one.  It  may  be  safely  asserted  that 
no  two  persons  would  make  the  same  selections,  however 
well  agreed  they  might  be  upon  the  general  principles  of 
choice.  My  first  and  foremost  aim  has  been  to  pick  out 
those  documents  likely  to  be  serviceable  to  teachers.  I have 
especially  striven  to  avoid  the  error  of  a too  rigid  application 
of  some  definition  of  the  term  document  or  of  some  classi- 
fication. The  special  reason  for  the  inclusion  of  most  of  the 
documents  will  be  found  at  least  hinted  at  in  the  introduc- 
tions. The  more  general  principles  which  I have  applied  re- 
quire 'some  explanation.  There  appear  to  be  at  least  five  im- 
portant ways  in  which  a document-book  may  be  profitably 
used  in  the  teaching  of  history,  (i)  Much  historical  data 
can  be  acquired  through  such  study.  It  must  be  admitted, 
however,  that  the  same  amount  of  time  spent  upon  a good 
text-book  will  in  this  particular  usually  produce  better  re- 
sults, for  the  reason  that  the  documents  studied  are  so  few 
in  number  and  so  disconnected  that  no  adequate  idea  of  any 
considerable  period  is  obtained.  The  defect  can  be  remedied 
in  large  measure  by  using  a single  class  of  documents  running 
through  a considerable  period.  In  modern  French  history 
the  constitutions  serve  the  purpose  admirably.  For  this  rea- 
son all  of  these  are  included  and  no  elisions  have  been  made, 
excepting  two  or  three  tabular  lists  of  territorial  divisions. 
(2)  Documents  may  be  used  as  the  basis  for  oral  or  written 
reports ; usually  the  work  should  be  done  in  connection  with 
secondary  accounts,  but  the  proofs  for  the  principal  state- 
ments should  be  drawn  from  the  documents.  Many  of  the 
groups,  with  their  accompanying  references,  are  inserted  for 
this  purpose.  It  should  be  observed  that  these  groups  usually 
contain  the  materials  out  of  which  the  student  should  be  able 
to  deduce  some  quite  definite  result,  such  as  the  evolution  of 
a policy  or  of  an  institution  or  the  manner  in  which  an  in- 
stitution operated.  (3)  In  the  opinion  of  many  teachers  the 
greatest  value  to  be  derived  from  the  study  of  documents  is 
a certain  familiarity  with  the  methods  of  historical  investi- 


PREFACE 


vii 

gation.  I believe  that  a large  amount  of  the  documents  here 
given  present  unusually  good  opportunities  for  exercises  de- 
signed with  that  intent.  (4)  The  meaning  of  technical  terms 
and  the  significance  of  constantly  recurring  allusions  can  of- 
ten be  more  satisfactorily  explained  in  connection  with  a 
document  than  by  any  other  method.  None  of  the  selections 
have  been  made  principally  for  this  reason,  but  with  quite 
a number  it  has  been  an  important  factor.  (5)  With  many 
instructors  the  use  of  original  sources  in  the  teaching  of  his- 
tory is  valued  chiefly  for  its  vitalizing  effect.  For  this  pur- 
pose documents  are  perhaps  less  effective  than  contemporary 
narratives.  Yet  there  are  many  exceptions.  Several  of  the 
documents  not  otherwise  of  the  highest  worth  have  been  in- 
cluded for  their  value  in  this  particular. 

Most  of  the  documents  in  this  collection  will  serve  several 
of  these  purposes,  but  the  superior  value  of  a document  for 
but  one  of  these  is  often  the  decisive  reason  for  its  inclusion. 

The  brevity  of  the  introductions  has  made  it  necessary 
that  I should  confine  myself  to  pointing  out  only  a very  few 
of  the  ways  in  which  the  documents  are  of  interest.  In  some 
cases  I regret  that  the  plan  has  not  made  possible  more  ex- 
tended comment,  but  in  general  I believe  that  as  much  has 
been  furnished  the  student  as  he  can  profitably  receive.  He 
needs  to  be  started,  but  he  should  not  be  told  all  of  the 
things  to  be  obtained  from  the  document.  In  the  furnishing 
of  data  I have  tried  to  supply  such  information  as  is  indis- 
pensable for  the  understanding  of  the  document,  provided  it 
is  not  to  be  found  in  the  document  itself.  The  references 
have  been  purposely  confined  to  a limited  number  of  well 
known  works,  all  of  which  are  in  English  or  in  French.  By 
this  method  I believe  that  all  students  who  use  the  book  may 
be  induced  to  become  quite  familiar  with  nearly  all  of  the 
works  in  English  and,  if  they  read  any  French,  with  the  four 
or  five  French  works  cited.  To  have  given  more,  I fear, 
would  have  defeated  this  purpose. 

I am  greatly  indebted  to  Mrs.  Helen  Dresser  Fling,  to  the 
editors  of  the  Annals  of  the  American  Academy  of  Political 
and  Social  Science , and  to  the  editors  of  that  admirable  series 
issued  by  the  history  department  of  the  University  of  Penn- 
sylvania, Translations  and  Reprints  from  the  Original  Sources 
of  European  History,  for  permission  to  employ  their  excellent 


PREFACE. 


viii 

translations  wherever  I have  had  occasion  to  use  a document 
that  has  already  appeared  in  their  publications.  In  using 
these  translations,  as  well  as  a number  of  others  from  non- 
copyrighted sources,  I have  made  separate  acknowledgment 
in  every  instance  and  have  reproduced  them  exactly  as  print- 
ed, excepting  some  slight  typographical  errors  and  a few 
changes  kindly  supplied  by  Mrs.  Fling.  In  my  own  trans- 
lations I have  striven  to  be  as  literal  as  possible,  having  a 
decent  regard  for  the  idioms  of  the  English  language.  Prob- 
ably I have  been  more  literal  than  was  absolutely  requisite, 
but  I have  believed  that  the  translator  of  documents  should 
err  upon  the  side  of  literary  form  rather  than  meaning.  In 
the  matter  of  paragraphing  I have  invariably  followed  the 
form  of  the  document  as  originally  printed  in  French,  even 
when  a single  sentence  is  made  to  run  into  a dozen  para- 
graphs. As  to  other  features  of  form,  such  as  punctuation 
and  capitals,  I have  been  guided  by  two  canons — to  treat  each 
document  separately  so  as  to  produce  the  best  result  for  that 
particular  document,  and  to  follow  the  originals  as  closely 
as  English  usage  would  allow. 

It  is  a pleasure  to  acknowledge  help  received  from  several 
friends  in  addition  to  those  already  mentioned.  Professor 
Willis  Mason  West,  my  colleague  and  chief,  has  generously 
responded  to  my  frequent  appeals  for  advice.  Professor  Fred 
Morrow  Fling  of  the  University  of  Nebraska  kindly  looked 
over  the  list  of  materials  and  made  several  helpful  sugges- 
tions. I am  under  great  obligation  to  my  publishers  for  per- 
mission to  make  the  volume  considerably  larger  than  stipu- 
lated in  our  agreement.  Most  of  all  I am  indebted  to  my 
wife,  Mary  Steele  Anderson.  To  her  constant  encouragement, 
literary  criticisms,  and  assistance  with  the  manuscript  and 
proofs,  I owe  a large  part  of  whatever  value  the  volume  may 
possess. 

Frank  Maloy  Anderson. 

University  of  Minnesota, 

April  30,  1904. 


CONTENTS 


NUMBER  _ PAGE 

x.  Decree  Creating  the  National  Assembly.  June 

17,  1789 1 

2.  The  Tennis  Court  Oath.  June  20,  1789.  . . 2 

3.  Documents  upon  the  Royal  Session  of  June  23, 

1789.  3 

A.  Declaration  of  the  King  upon  the  States- 

General.  ......  3 

B.  Declaration  of  the  Intentions  of  the  King.  5 

C.  Decree  of  the  Assembly.  . . . . 10 

4.  The  Fourth  of  August  Decrees.  August  11,  1789.  11 

5.  Declaration  of  the  Rights  of  Man  and  Citizen  15 

6.  Documents  upon  the  Constituent  Assembly  and 

the  Church.  .......  15 

A.  Decree  upon  the  Church  Lands.  November 

2,  1789 15 

B.  Decree  upon  Monastic  Vows.  February  13, 

<1789.  .......  16 

C.  The  Civil  Constitution  of  the  Clergy.  July 

12,  1790 16 

D.  Decree  upon  the  Clerical  Oath.  November 

27,  1790 22 

E.  Decree  upon  the  Publication  of  Papal  Docu- 

ments. June  9,  1791.  ....  23 

7.  Decrees  for  Reorganizing  the  Local  Government 

System.  ........  24 

A.  Decree  upon  the  Municipalities.  December 

14,  1789 24 

B.  Decree  upon  the  Departments  and  Districts. 

December  22,  1789.  .....  29 

8.  Decree  for  Abolishing  the  Nobility.  June  19,  1790.  34 

9.  Decree  for  Reorganizing  the  Judicial  System. 

August  16,  1790.  ......  34 

10.  Circular  Letter  of  Louis  XVI  to  Foreign  Courts. 

April  23,  1791. 


39 


CONTENTS 


NUMBER  PAGE 

11.  Decree  for  Abolishing  the  Industrial  Corporations. 

June  14,  1791.  43 

12.  Documents  upon  the  King's  Flight.  ...  45 

A.  The  King’s  Declaration.  June  20,  1791.  . 45 

B.  Decree  for  the  Maintenance  of  Public  Order. 

June  21,  1791.  ......  51 

C.  First  Decree  for  Giving  Effect  to  the  Meas- 

ures of  the  Assembly.  June  21,  1791.  . 51 

D.  Second  Decree  for  Giving  Effect  to  the  Meas- 

ures of  the  Assembly.  June  22,  1791.  . 52 

E.  Decree  upon  the  Oath  of  Allegiance.  June 

22,  1791 52 

F.  Decree  concerning  the  King.  June  25,  1791.  53 

G.  The  Protest  of  the  Right.  June  29,  1791.  . 53 

H.  Decree  concerning  the  King.  July  16,  1791.  54 

13.  The  Padua  Circular.  July  5 or  6,  1791.  . . 54 

-f-14.  The  Declaration  of  Pilnitz.  August  27,  1791.  . 57 

15.  The  Constitution  of  1791.  September  3,  1791.  . 58 

16.  The  King’s  Acceptance  of  the  Constitution.  Sep- 

tember 13,  1791.  ......  96 

'-1  17.  The  Rejected  Decrees.  .....  97 

A.  Decree  upon  the  Emigres.  November  9,  1791.  9 7 

— B.  Decree  upon  the  Non-Juring  Clergy.  Novem- 
ber 29,  1791.  ......  99 

18.  Letter  of  Louis  XVI  to  the  King  of  Prussia.  De- 

cember 3,  1791.  ......  102 

19.  Declaration  of  War  against  Austria.  April  20, 

1792-  103 

20.  The  Three  Revolutionary  Decrees.  . . . 104 

A.  Decree  for  the  Deportation  of  the  Non-Juring 

Priests.  May  27,  1792.  ....  104 

B.  Decree  for  Disbanding  the  King’s  Body 

Guard.  May  29.  1792.  ....  106 

C.  Decree  for  Establishing  a Camp  of  Federes. 

June  8,  1792 106 

21.  The  Petition  of  the  20th  of  June.  June  20,  1792.  107 

22.  Addresses  to  the  Legislative  Assembly.  . . no 

A.  Address  of  the  Commune  of  Marseilles.  June 

27,  1792 no 

B.  Address  of  the  Federes  at  Paris.  July  23,1792.  113 


CONTENTS 


NUMBER  P 

C.  Address  of  the  Paris  Sections.  August  3,  1792. 

^ 23.  The  Duke  of  Brunswick's  Manifesto.  July  25, 

1/92 

^ 24.  Decree  for  Suspending  Louis  XVI.  August  10, 

1792-  

25.  Decree  for  Electing  the  Convention.  August 
ii,  1792.  ........ 

^ 26.  The  Jacobin  Club  Address.  September  12,  1792. 

27.  Documents  upon  the  Transition  to  the  Republic. 

A.  Declaration  upon  the  Constitution.  Septem 

ber  21,  1792.  ...... 

y B.  Decree  for  Abolishing  the  Monarchy.  Sep- 
tember 21,  1792.  ..... 

C.  Decree  for  Provisional  Enforcement  of  the 

Laws.  September  21,  1792. 

D.  Decree  upon  the  Dating  of  Public  Documents. 

September  22,  1792.  ..... 

E.  Decree  upon  the  Unity  and  Indivisibility  of 

the  Republic.  September  25,  1792. 

28.  Documents  upon  the  Convention  and  Foreign  Pol- 

icy. ........ 

yk.  Declaration  for  Assistance  and  Fraternity  to 
Foreign  Peoples.  November  19,  1792. 

^ B.  Decree  for  Proclaiming  the  Liberty  and  Sov- 
ereignty of  all  Peoples.  December  15,  1792. 

C.  Decree  upon  Non-Intervention.  April  13,  1793. 

29.  Documents  upon  the  Convention  and  Religion. 

A.  Declaration  upon  Religious  Policy.  January 

11,  1793 

B.  Decree  upon  the  Non-Juring  Priests.  April 

23.  1793 

C.  Decree  upon  Dangerous  Priests.  October  20- 

21,  1793 

D.  Decree  upon  Religious  Freedom.  December 

8,  1793-  

^,E.  Decree  for  Establishing  the  Worship  of  the 
Supreme  Being.  May  7,  1794. 

F.  Decree  upon  - Expenditures  for  Religion.  Sep- 

tember 18,  1704.  ..... 

G.  Decree  upon  Religion.  February  21,  1795. 


xi 

’AGE 

I 14 

Il8 

122 

124 

126 

128 

128 

128 

129 

129 

120 

I2Q 

129 

130 

133 

133 

134 

134 

I3S 

136 

137 

138 

139 


CONTENTS 


xii 

NUMBER  PAGE 

H.  Decree  for  Restoring  Church  Buildings 

May  30,  1795 139 

I.  Organic  Act  upon  Religion.  September  29, 

1795 140 

30.  Documents  upon  the  Emigres.  ....  144 

A.  Declaration  of  the  Regent  of  France.  January 

28,  1793 145 

B.  Decree  against  the  Emigres.  March  28,  1793.  147 

31.  Declaration  of  War  against  Great  Britain.  Feb- 

ruary 1,  1793.  . . . . . 148 

32.  Documents  upon  the  Revolutionary  Tribunal  of 

Paris.  ........  151 

^ A.  Decree  for  Creating  an  Extraordinary  Crim- 
inal Tribunal.  March  10,  1793.  . . 151 

B.  Law  of  22  Prairial.  June  10,  1794.  . . 154 

33.  Law  for  Establishing  the  Revolutionary  Commit- 

tees. March  21,  1793 L57 

34.  Decree  upon  the  Press.  March  29,  1793.  . . 158 

, 35.  Decree  for  Establishing  the  Committee  of  Pub- 
lic Safety.  April  6,  1793.  ....  159 

36.  Robespierre’s  Proposed  Declaration  of  Rights. 

April  24,  1793. 160 

37.  Decree  upon  the  Deputies  on  Mission.  April  30, 

1793-  • 164 

38.  Documents  upon  the  ' Convention  and  Education.  167 

A.  Decree  upon  Primary  Education.  May  30, 

1793 167 

B.  Decree  upon  Secondary  Education.  February 

25,  1795 168 

C.  Organic  Act  .upon  Education.  October  25,  1795.  169 

39.  Constitution  of  the  Year  I.  June  24,  1793.  . 170 

40.  Decree  for  the  Levy  en  Masse.  August  23,  1793.  183 

41.  The  Law  of  Suspects.  September  17,  1793.  . 185 

42.  Law  of  the  Maximum.  September  29,  1793.  . 187 

43.  Decree  upon  the  Revolutionary  Government.  Oc- 

tober 10,  1793.  189 

44.  Decree  for  the  Republican  -Calendar.  Novem- 

ber 24,  1793 191 

45.  Organic  Decree  upon  the  Government  of  the  Ter- 

ror. December  4,  1793.  .....  194 


CONTENTS 


NUMBER 

46.  Decree  upon  Slavery.  February  4,  1794. 

47.  Decree  upon  Assignats.  May  xo,  1794. 

48.  Treaties  with  Prussia.  . . . . . 

A.  Treaty  of  Basle.  April  5,  1795. 

B.  Secret  Convention.  August  5,  1796. 

49.  Treaty  of  the  Hague.  May  16,  1795. 

50.  Constitution  of  the  Year  III.  August  22,  1795.  . 

51.  Law  against  Public  Enemies.  April  16,  1796. 

52.  Treaties  with  the  Pope.  . . . . . 

A.  Suspension  of  Hostilities.  June  23,  1796. 

B.  Treaty  of  Tolentino.  February  19,  1797. 

53.  Law  upon  British  Products.  October  31,  1796. 

54.  Secret  Convention  with  Genoa.  June  6,  1797. 

55.  Treaty  of  Campo  Formio.  October  27,  1797. 

56.  Law  of  Hostages.  July  12,  1799. 

57.  The  Brumaire  Decree.  November  10,  1799. 

58.  Constitution  of  the  Year  VIII.  December  13, 

i/99-  

59.  Order  for  Suppressing  the  Newspapers.  January 

17,  1800 

60.  Law  for  Reorganizing  the  Administrative  System. 

February  17,  1800.  ...... 

61.  Law  for  Reorganizing  the  Judicial  System.  March 

18,  1800 

62.  Treaty  of  Luneville.  February  9,  1801. 

63.  Treaty  of  Amiens.  March  27,  1802. 

64.  Documents  upon  Napoleon  and  the  Reorganiza- 

tion of  Religion.  ...... 

A.  The  Concordat.  September  10,  1801 — April 

8,  1802.  ....... 

B.  Organic  Articles  for  the  Catholic  Church. 

April  8,  1802.  ...... 

C.  The  Declaration  of  1682.  .... 

D.  Organic  Articles  for  the  Protestant  Sects. 

April  8,  1802.  ...... 

65.  Documents  upon  Napoleon  and  Education. 

A.  Law  upon  Public  Instruction.  May  1,  1802. 

B.  Imperial  Catechism.  April  4,  1807. 

C.  Decree  for  Organizing  the  Imperial  Univer- 

sity. March  17,  1808.  .... 


xiif 

PAGE 

204 

204 

206 

206 

208 

209 
212 

254 

255 
25s 

257 

258 

259 
261 
267 

269 

270 

282 

283 

288 

290 

294 

296 

296 

299 

305 

307 

308 
308 

313 

314 


XIV 


CONTENTS 


NUMBER  PAGE 

66.  Documents  upon  the  Consulate  for  Life.  . . 323 

A.  Declaration  of  ihe  Tribunate.  May  6,  1802.  324 

B.  Re-election  by  the  Senate.  May  6,  1802.  . 324 

C.  Message  of  the  First  Consul  to  the  Senate. 

May  9,  1802 325 

D.  Order  of  the  Consuls.  May  10,  1802.  . . 326 

E.  Senatus-Consultum.  August  4,  1802.  . . 327 

67.  Law  for  Organizing  the  Legion  of  Honor.  (Con- 

stitution of  the  Year  X.)  May  19,  1802.  . 336 

68.  Law  for  Re-establishing  Slavery  in  the  French 

Colonies.  May  20,  1802.  ....  339 

/ 69.  Declaration  of  France  upon  the  Reorganization 

of  Germany.  August  18,  1802.  . . . 339 

70.  Treaty  with  Spain.  October  19,  1803.  . . 342 

71.  Senatus-Consultum.  (Constitution  of  the  Year 

XII.)  May  18,  1804 343 

72.  Documents  upon  the  Kingdom  of  Italy.  . . 368 

A.  Constitutional  Statute.  March  17,  1805.  . 368 

B.  Proclamation  of  the  Kingdom.  March  19, 

1805 369 

73.  Treaty  of  Alliance  between  Great  Britain  and 

Russia.  April  n,  1805.  .....  372 

74.  Treaty  of  Pressburg.  December  26,  1805.  . . 375 

75.  Documents  upon  the  Kingdom  of  Naples.  . . 378 

A.  Proclamation  to  the  Army.  December  30, 

1805.  -379 

B.  Imperial  Decree  Making  Joseph  Bonaparte 

King  of  Naples.  March  30,  1806.  . . 380 

76.  Treaty  between  France  and  Holland.  May  24, 

1806.  381 

77.  Documents  upon  the  Continental  System.  . . 384 

A.  British  Note  to  the  Neutral  Powers.  May 

16,  1806.  .......  384 

B.  The  Berlin  Decree.  November  21,  1806.  . 385 

C.  British  Order  in  Council.  January  to,  1807.  387 

D.  British  Order  in  Council.  November  11,  1807.  389 

E.  The  Milan  Decree.  December  17,  1807.  . 393 

F.  British  Order  in  Council.  April  26,  1809.  . 394 

G.  The  Rambouillet  Decree.  March  23,  1810.  . 396 


CONTENTS  xv 

NUMBER  PAGE 

78.  Documents  upon  the  Confederation  of  the  Rhine.  397 

A.  Treaty  for  Establishing  the  Confederation. 

July  12,  1806.  . . . . . 398 

B.  Note  of  Napoleon  to  the  Diet.  August  1,  1806.  399 

C.  Declaration  of  the  Confederated  States.  Aug- 

ust 1,  1806. 401 

D.  Abdication  of  Francis  II.  August  7,  1806.  . 403 

79.  Documents  upon  the  Peace  of  Tilsit.  . . 405 

A.  Treaty  of  Peace  between  France  and  Russia. 

July  7,  1807 405 

B.  Secret  Treaty  of  Alliance  between  France  and 

Russia.  July  7,  1807.  ....  409 

C.  Treaty  of  Peace  between  France  and  Prussia. 

July  9,  1807.  ......  411 

D.  Treaty  between  France  and  Prussia.  Sep- 

tember 8,  1808.  ......  415 

80.  Senatus-Consultum  for  Suppressing  the  Tribun- 

ate. August  19,  1807.  .....  417 

81.  Documents  upon  the  Overthrow  of  the  Spanish 

Monarchy.  .......  418 

A.  Convention  of  Fontainebleau.  October  27, 

1807.  418 

B.  Convention  with  Charles  IV.  May  5,  1808.  420 

C.  Imperial  Decree  Proclaiming  Joseph  Bona- 

parte King  of  Spain.  June  6.  1808.  . . 421 

82.  The  Erfurt  Convention.  October  12,  1808.  . 421 

83.  Decree  upon  the  Term  French  Republic.  October 

22,  1808.  424 

84.  Documents  upon  the  Annexations  of  1809-1810.  425 

A.  Imperial  Decree  for  the  Annexation  of  the 

Papal  States.  May  17,  1809.  . . . 425 

B.  Organic  Senatus-Consultum  for  the  Annex- 

ation of  the  Papal  States.  February  17,  1810.  426 

C.  Treaty  with  Holland.  March  16.  1810.  . 428 

D.  Organic  Senatus-Consultum  for  the  Annex- 

ation of  Holland  and  North  Germany.  De- 
cember 13,  1810.  .....  430 

85.  Treaty  of  Vienna.  October  14,  1809.  . . 430 

86.  Decree  upon  Printing  and  Bookselling.  Febru- 

ary s.  1810 433 


XVI 


CONTENTS 


NUMBER  PAGE 

87.  The  Frankfort  Declaration.  December  1,  1813.  436 

88.  Address  of  the  Corps-Legislatif  to  Napoleon.  De- 

cember 28,  1813.  ......  437 

89.  Treat}'  of  Chaumont.  March  1,  1814.  . . 440 

90.  Documents  upon  the  Transition  to  the  Restor- 

ation Monarchy.  ......  443 

A.  Proclamation  of  the  Allies.  March  31,  1814.  443 

B.  Act  of  the  Senate.  April  1,  1814.  . . 444 

C.  Decree  for  Deposing  Napoleon.  April  3-4, 

1814-  444 

D.  First  Abdication  of  Napoleon.  April  4,  1814.  446 

E.  The  Senate’s  Proposed  Constitution.  April 

6,  1814. 446 

F.  Second  Abdication  of  Napoleon.  April  11, 

1814 449 

G.  Treaty  of  Fontainebleau.  April  n,  1814.  . 450 

91.  Treaty  of  Paris.  May  30,  1814.  . . . 451 

92.  Declaration  of  St.  Ouen.  May  2,  1814.  . . 455 

93.  Constitutional  Charter  of  1814.  June  4,  1814.  . 456 

94.  Proclamation  of  Napoleon.  March  1,  1815.  . 464 

95.  Decree  for  Convoking  an  Extraordinary  Assembly. 

March  13,  1815. 466 

96.  Declaration  of  the  Powers  against  Napoleon. 

March  13,  1815.  ......  468 

97.  Treaty  of  Alliance  against  Napoleon.  March  25, 

1815.  469 

98.  The  Act  Additional.  April  22,  1815.  . . 471 

99.  Treaty  of  Paris.  November  20,  1815.  . . 479 

100.  Treaty  of  Alliance  against  France.  November 

20,  1815.  482 

101.  Press  Laws  and  Ordinances  of  the  Restoration.  485 

A.  Law  upon  the  Press.  June  9,  1819.  . . 485 

B.  Law  upon  the  Press.  March  31,  1820.  . 486 

C.  Law  upon  the  Press.  March  17,  1822.  . 488 

D.  Royal  Ordinance  upon  the  Press.  June  24, 

1827 489 

102.  Circular  of  the  Keeper  of  the  Seals.  About  Feb- 
ruary x,  1824 489 


CONTENTS 


xvii 

NUMBER  PAGE 

103.  Documents  upon  the  Dissolution  of  1830.  . 491 

A.  Speech  of  King  Charles  X.  March  2,  1830.  491 

B.  Reply  of  the  Chamber  of  Deputies.  March 

18,  1830 ■ 492 

C Response  of  the  King.  March  18,  1830.  . 493 

D.  The  Royal  Proclamation.  June  13;  1830.  . 494 

104.  Documents  upon  the  July  Revolution.  . . 495 

A.  The  July  Ordinances.  July  25,  1830.  . . 495 

B.  Protest  of  the  Paris  Journalists.  July  26,  1830.  501 

C.  Protest  of  the  Paris  Deputies.  July  27,  1830.  501 

D.  Thiers’  Orleanist  Manifesto.  July  30,  1830.  502 

E.  Proclamation  of  the  Deputies.  July  31,  1830.  502 

F.  Proclamation  by  Louis  Philippe.  August  1, 

1830 504 

G.  Abdication  of  Charles  X.  August  2,  1830.  504 

H.  Declaration  of  the  Chamber  of  Deputies. 

August  7,  1830 503 

103.  Constitution  of  1830.  .....  507 

106.  Law  upon  Elections.  April  19,  1831.  . . 513 

107.  Proclamations  and  Decrees  of  the  Provisional 

Government  of  1848.  .....  514 

A.  Proclamation  of  the  Overthrow  of  the  July 

Monarchy.  February  24,  1848.  . . 515 

B.  Declaration  Relative  to  Workingmen.  Feb- 

ruary 25,  1848.  ......  516 

C.  Proclamation  of  the  Republic.  February  26, 

1848.  516 

D.  Decree  for  Establishing  National  Workshops. 

February  26,  184S.  .....  517 

E.  Proclamation  and  Order  for  the  Luxembourg 

Commission.  February  26,  1848.  . . 517 

F.  Decree  for  Abolishing  Titles  of  Nobility. 

February  29,  1848.  . . . . . 518 

G.  Decree  upon  Labor.  March  2,  1848.  . . 518 

H.  Decree  for  the  National  Assembly.  March  5, 

1848.  519 

I.  Decree  upon  Slavery.  April  27,  1848.  . 520 

108.  Petition  of  the  16th  of  April.  April  16.  1848.  521 

109.  Declaration  upon  the  Republic.  May  4,  1848.  . 522 

no.  Constitution  of  1848.  .....  522 


xviii  CONTENTS 

NUMBER  PAGE 

hi.  Documents  upon  the  Coup  d’Etat  of  December 

2,  1851 538 

A.  Decree  for  Dissolving  the  National  Assembly. 

December  2,  1851.  . . . . . 538 

B.  Proclamation  to  the  People.  December  2,  1851.  538 

C.  Proclamation  to  the  Army.  December  2,  1851.  541 

D.  First  Decree  for  the  Plebiscite.  December 

2,  1851. 542 

E.  Second  Decree  for  the  Plebiscite.  December 

4-  1851 542 

F.  Election  Appeal.  December  8,  1851.  . . 543 

1 12.  Constitution  of  1852.  January  14,  1852.  . . 544 

113.  Organic  Decree  upon  the  Press.  February  17, 

1852. 550 

1 14.  Documents  upon  the  Evolution  of  the  Empire.  553 

A.  Speech  of  the  Prince-President  to  the  Cham- 

bers. March  29,  1852.  ....  553 

B.  Address  of  the  Municipality  of  Vedennes  to 

Louis-Napoleon.  October,  1852.  . . 556 

C.  The  Bordeaux  Address.  October  9,  1852.  . 557 

D.  Senatus-Consultum  upon  the  Empire.  No- 

vember 7,  1852 559 

1 1 5.  Documents  upon  the  Congress  of  Paris.  . 560 

A.  Treaty  of  Paris.  March  30,  1856.  . . 561 

B.  The  Dardanelles  Convention.  March  26,  1856.  564 

C.  Declaration  Respecting  Maritime  Power.  April 

16,  1856 565 

1 16.  Documents  upon  the  War  in  Italy.  . . . 366 

A.  The  Austrian  Ultimatum.  April  19,  1856.  . 566 

B.  Reply  of  Sardinia.  April  26,  1859.  . . 568 

C.  Proclamation  of  Napoleon  III.  May  3,  1859.  568 

D.  Proclamation  to  the  Italians.  June  8,  1859.  570 

E.  Armistice  of  Villafranca.  July  11,  1859.  . 571 

F.  Treaty  of  Zurich.  November  10,  1859.  . 572 

G.  Treaty  of  Turin.  March  24,  i860.  . . 573 

1 17.  Documents  upon  the  Evolution  of  the  Liberal 

Empire.  ........  574 

A.  Imperial  Decree  upon  the  Address  to  the 

Throne.  November  24,  i860.  . . . 574 


CONTENTS  xix 

NUMBER  PAGE 

B.  Senatus-Consultum  upon  the  Publication  of 

Debates.  February  2,  1861.  . . . 575 

C.  Senatus-Consultum  upon  the  Budget.  De- 

cember 31,  1861.  .....  576 

D.  Senatus-Consultum  upon  Amendments  to  the 

Constitution.  July  18,  1866.  . . . 577 

E.  Imperial  Decree  upon  Interpellation.  Jan- 

uary 19,  1867.  ......  578 

F.  Senatus-Consultum  upon  the  Powers  of  the 

Senate.  March  14,  1867.  ....  579 

G.  Senatus-Consultum.  September  8,  1869.  . 579 

H.  Senatus-Consultum.  May  21,  1870.  . . 581 

r 18.  The  Persigny  Circular.  May  8,  1863.  . . 586 

1 19.  Law  upon  Public  Meetings.  June  6,  1868.  . 589 

120.  The  Proposed  Benedetti  Treaty.  August  20,  1866.  591 

121.  The  Ems  Despatch.  July  13,  1870.  . . . 593 

122.  Documents  upon  the  Fourth  of  September.  . 595 

A.  Proclamation  to  the  French  People.  Sep- 

tember 4,  1870.  .....  595 

B.  Proclamation  to  the  Inhabitants  of  Paris. 

September  4,  1870.  .....  595 

C.  Decree  upon  the  Corps-Legislatif  and  the 

Senate.  September  4,  1870.  . . . 596 

D.  Decree  upon  Political  and  Press  Offenders. 

September  4,  1870.  .....  596 

123.  Diplomatic  Circulars  upon  the  Franco-Prussian 

War.  . ........  596 

A.  Circular  to  French  Ministers.  Septem- 

ber 7,  1870.  ......  596 

B.  Circular  to  Prussian  Ministers.  September 

13.  1870 599 

C.  Circular  to  Prussian  Ministers.  September 

16,  1870. 601 

124.  Decrees  and  Laws  upon  the  Executive  Power, 

1871-1873.  603 

A.  Decree  Appointing  Thiers.  February  17,  1871.  604 

B.  The  Rivet  Law.  August  31,  1871.  . . 604 

C.  Law  upon  the  Presidency.  March  13,  1873.  606 

125.  Preliminary  Treaty  of  Versailles.  February  26, 

1871.  607 


XX 


CONTENTS 


NUMBER  PAGE 

126.  Declaration  of  the  Paris  Commune.  April  19, 

1871.  .......  608 

127.  Laws  for  Reorganizing  Local  Government  . 6x2 

A.  Communal  Law.  April  14,  1871.  . . 612 

B.  Departmental  Law.  August  10,  1871.  . 613 

128.  Law  for  Reorganizing  the  Army.  July  27,  1872.  618 

129.  Documents  upon  the  Overthrow  of  Thiers.  . 622 

A.  The  De  Broglie  Interpellation.  May  19, 1873.  622 

B.  The  Government  Proposals.  May  19,  1873.  623 

C.  The  Ernoul  Order  of  the  Day.  May  24,  1873.  627 

D.  The  Target  Declaration.  May  24,  1873.  . 627 

E.  Manifesto  of  the  Extreme  Left.  May  24,  1873.  627 

130.  The  White  Flag  Letter.  September  23,  1873  627 

131.  Law  of  the  Septennate.  November  20,  1873.  . 630 

132.  Documents  upon  the  Establishment  of  the  Re- 
public. ........  631 

A.  The  Casimir-Perier  Proposal.  June  15,  1874  631 

B.  The  Ventavon  Project.  July  15,  1874.  • 631 

C.  The  Proposed  Labo.ulaye  Amendment.  Jan- 

uary 28,  1875.  .....  632 

D The  Wallon  Amendment.  January  29-30,  1875.  632 

133.  The  Constitutional  Laws  and  Amendments.  . 633 

A.  Law  upon  the  Organization  of  the  Senate. 

February  24,  1875.  .....  633 

B.  Constitutional  Law  upon  the  Organization  of 

the  Public  Powers.  February  25,  1875.  . 635 

C.  Constitutional  Law  upon  the  Relation  of  the 

Public  Powers.  July  16,  1875.  . 636 

D.  Amendment  upon  the  Seat  of  Government. 

June  21,  1879.  ......  639 

E.  The  Amendments  of  1884.  August  14,  1884.  639 

134.  Documents  upon  the  16th  of  May  Crisis.  . 640 

A.  Letter  ot  MacMahon  to  Simon.  May  16,  1877.  640 

B.  Letter  of  Simon  to  MacMahon.  May  16, 1877.  641 

C.  Order  of  the  Day.  May  17,  1877.  . . 642 

D.  Manifesto  of  the  Left.  About  May  20,  1877  642 

E.  MacMahon’s  First  Manifesto.  Sept.  19,  1877  643 

F.  Gambetta’s  Circular.  October  7.  1877.  ■ 645 


CONTENTS  xxi 

NUMBER  PAGE 

G.  MacMahon’s  Second  Manifesto.  October  n, 

1877 647 

H.  MacMahon’s  Message.  December  14,  1877.  648 

135.  General  Program  of  the  Socialist  Regional  Con- 
gress of  the  Centre.  .....  649 

136.  Documents  upon  the  Papacy  and  the  Third  Re- 
public. ........  652 

A.  Papal  Encyclical.  February  16,  1892.  . . 652 

B.  Papal  Brief  to  the  French  Cardinals.  May  5. 

1892 654 

137.  The  Law  of  Associations.  July  1,  1901.  . . 657 


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en  und  neuen  Geschichte.  Twenty-fourth  ed.  Leip- 
sic,  1900. 

Rose,  John  Holland.  The  Life  of  Napoleon  I.  Two  vols.  New 
York,  1901. 

Schrader,  De  F.,  et  al.  Atlas  de  Geographie  Historique. 
Paris,  1896. 

Seignobos,  Charles.  A Political  History  of  Europe  since 
1814.  Edited  by  S.  M.  MacVane.  New  York,  1900. 

Simon,  Jules.  The  Government  of  M.  Thiers,  from  8th  Feb- 
ruary, 1S71,  to  24th  May,  1873.  Two  vols.  New  York, 
1879. 

Sloane,  William  Milligan.  The  French  Revolution  and  Re- 
ligious Reform.  New  York,  1901. 

Life  of  Napoleon  Bonaparte.  Four  vols.  New  York, 

1896. 


XXVI 


TITLES  AND  EDITIONS  CITED 


Sorel,  Albert.  Histoire  Diplomatique  de  la  Guerre  Franco- 
Allemande.  Two  vols.  Paris,  1875. 

— L’Europe  et  la  Revolution  Francaise.  Four  vols.  Paris, 
1897-1898. 

Stephens,  H.  Morse.  A History  of  the  French  Revolution. 
Two  vols.  New  York,  1886-1891. 

Stillman,  W.  J.  The  Union  of  Italy,  1815-1895.  Cambridge, 
1899. 

Sybel,  Heinrich  von.  The  Founding  of  the  German  Empire 
by  William  I.  Seven  vols.  New  York,  1890-1898. 

History  of  the  French  Revolution.  Four  vols.  Lon- 
don, 1867-1869. 

Times,  The.  (London.)  Two  hundred  sixty-eight  vols.  Lon- 
don, 1809-1823,  1825-1903. 

Tocqueville,  Alexis  de.  The  Recollections  of  Alexis  de  Toc- 
queville.  New  York,  1896. 

University  of  Pennsylvania,  Department  of  History.  Trans- 
lations and  Reprints  from  the  Original  Sources  of  Eu- 
ropean History.  Seven  vols.  Philadelphia,  1892-1900. 

Vidal-Lablache.  Atlas  Generale.  Paris,  1894. 

Vivenot,  Alfred.  Die  Politik  des  Oesterr.  Staatskanzlers 
Fiirsten  Kaunitz-Pdetberg  unter  Leopold  II  bis  zur 
Franzosischen  Kriegser-Klarung.  Five  vols.  Vienna, 
1873-1890. 

Yale  Review,  The.  Twelve  vols.  New  York,  1892-1903. 


Constitutions  and  Documents 


Illustrative  of  the 


History  of  France 


1.  Decree  Creating  the  National  Assembly. 

June  3 7,  1780.  Duvcrgier,  Luis.  I.  23. 

The  States-General  met  May  5,  1789.  It  contained  approxi- 
mately twelve  hundred  members — three  hundred  nobles,  three  hun- 
dred clergy,  six  hundred  deputies  of  the  Third  Estate.  As  Louis 
AVI  had  failed  to  provide  regulations  respecting  its  organization 
and  method  of  voting,  a controversy  immediately  developed  over 
these  questions.  The  nobles  and  clergy  desired  separate  organi- 
zation and  vote  by  order  ; the  Third  Estate  demanded  a single  or- 
ganization and  vote  by  head.  This  decree  was  finally  adopted  by 
the  Third  Estate  alone,  after  an  invitation  to  the  other  two  orders 
had  met  with  no  general  response.  The  document  indicates  the 
method  by  which  the  Third  Estate  proposed  to  proceed,  the  argu- 
ments by  which  the  method  was  justified,  and  the  general  temper 
which  characterized  the  proceedings. 

References.  Mathews,  French . Revolution , 119-120  ; Gardiner, 
French  Revolution,  37-39  ; Stephens,  French  Revolution,  I,  58-61  ; 
Von  Sybel,  French  Revolution,  I.  54-65  ; Aulard,  Revolution  Fran- 
caise,  32-34 ; Lavisse  and  Rambaud,  Hisioire  Generate,  VIII,  56- 
59. 


The  Assembly,  deliberating  after  the  verification  of  the 
powers,  recognizes  that  this  assembly  is  already  composed  of 
the  representatives  sent  directly  by  at  least  ninety-six  per  cent 
of  the  nation. 

Such  a body  of  deputies  cannot  remain  inactive  owing  to 
the  absence  of  the  deputies  of  some  bailliages  and  some  classes 
of  citizens ; for  the  absentees,  who  have  been  summoned,  can- 

i 


2 


THE  TENNIS  COURT  OATH 


not  prevent  those  present  from  exercising  the  full  extent  of 
their  rights,  especially  when  the  exercise  of  these  rights  is  an 
imperious  and  pressing  duty. 

Furthermore,  since  it  belongs  only  to  the  verified  represent- 
atives to  participate  in  the  formation  of  the  national  opinion, 
and  since  all  the  verified  representatives  ought  to  be  in  this 
assembly,  it  i,s  still  more  indispensable  to  conclude  that  the  in- 
terpretation and  presentation  of  the  general  will  of  the 
nation  belong  to  it,  and  belong  to  it  alone,  and  that 
there  cannot  exist  between  the  throne  and  this  as- 
sembly any  veto,  any  negative  power. — The  Assembly  declares 
then  that  the  common  task  of  the  national  restoration  can  and 
ought  to  be  commenced  without  delay  by  the  deputies  present 
and  that  they  ought  to  pursue  it  without  interruption  as  well 
as  without  hindrance. — The  denomination  of  National  As- 
sembly is  the  only  one  which  is  suitable  for  the  Assembly  in 
the  present  condition  of  things ; because  the  members  who  com- 
pose it  are  the  only  representatives  lawfully  and  publicly 
known  and  verified ; because  they  are  sent  directly  by  almost 
the  totality  of  the  nation ; because,  lastly,  the  representation 
being  one  and  indivisible,  none  of  the  deputies,  in  whatever  class 
or  order  he  may  be  chosen,  has  the  right  to  exercise  his  func- 
tions apart  from  the  present  assembly. — The  Assembly  will 
never  lose  the  hope  of  uniting  within  its  own  body  all  the  de- 
puties absent  today;  it  will  not  cease  to  summon  them  to  ful- 
fil the  obligation  laid  upon  them  to  participate  in  the  holding  of 
the  States-General.  At  any  moment  when  the  absent  depu- 
ties present  themselves  in  the  course  of  the  session  which  is 
about  to  open,  it  declares  in  advance  that  it  will  hasten  to  re- 
ceive them  and  to  share  with  them,  after  the  verification  of 
their  powers,  the  results  of  the  great  labors  which  are  bound 
to  procure  the  regeneration  of  France. — The  National  Assem- 
bly orders  that  the  motives  of  the  present  decision  be  immedi- 
ately drawn  up  in  order  to  be  presented  to  the  King  and  the 
nation. 


2.  The  Tennis  Court  Oath. 

June  20,  1780.  Duvergier,  Lois,  I,  24. 


When  the  deputies  of  the  Third  Estate  went  to  their  hall  on 


THE  ROYAL  SESSION 


3 


June  20,  1789,  they  found  it  closed  to  them  and  placards  posted 
announcing  a royal  session  two  days  later.  Fearing  that  this 
foreshadowed  a command  from  the  King  for  separate  organization 
and  vote  by  order,  they  met  in  a neighboring  tennis  court  and 
with  practical  unanimity  formulated  the  resolution  embodied  in 
this  document. 


References.  James  Harvey  Robinson,  Political  Science  Quar- 
terly, X,  460-474  ; Yon  Sy'bel,  French  Revolution,  I,  65-66. 

The  National  Assembly,  considering  that  it  has  been  sum- 
moned to  determine  the  Constitution  of  the  kingdom,  to  effect 
the  regeneration  of  public  order,  to  maintain  the  true  prin- 
ciples of  the  monarchy ; that  nothing  can  prevent  it  from  con- 
tinuing its  deliberations  in  whatever  place  it  may  be  forced  to 
establish  itself,  and  lastly,  that  wherever  its  members  meet  to- 
gether, there  is  the  National  Assembly, 

Decrees  that'  all  the  members  of  this  Assembly  shall  im- 
mediately take  a solemn  oath  never  to  separate,  and  to  re- 
assemble wherever  circumstances  shall  require,  until  the  Con- 
stitution of  the  kingdom  shall  be  established  and  consolidated 
upon  firm  foundations ; and  that,  the  said  oath  being  taken,  all 
the  members  and  each  of  them  individually  shall  ratify  by  their 
signatures  this  stedfast  resolution. 


3.  Documents  upon  the  Royal  Session  of  June  23,  1789. 

These  documents  show  the  parts  played  by  the  King  and  the 
Third  Estate  at  the  royal  session  of  June  23,  1789.  Document  A 
is  a command,  although  expressed  as  a wish.  Document  B has 
a special  interest,  since  it  indicates  approximately  how  far  Louis 
XVI  was  ready  to  go  in  the  way  of  reform.  Mirabeau’s  famous 
defiance  of  the  royal  usher  was  an  important  factor  in  nerving  the 
Third  Estate  to  take  the  action  embodied  in  document  C. 

References.  Fling's  Source  Studies  . . . The  Royal 

Session  contains  other  interesting  documents,  bearing  upon  this 
event.  See  also  Mathews,  French  Revolution,  121-124  ; Stephens. 
French  Revolution,  I,  62-63  ; Von  Sybel,  French  Revolution,  I,  66- 
69. 


A.  Declaration  of  the  King  upon  the  States-General. 
June  2 3,  1789.  Duvergier,  Lois,  I,  24-25.  Translation,  Mrs. 
Fred  M-  Fling,  Fling’s  Source  Studies,  The  Royal  Session, 
46-49. 

1.  The  King  wishes  that  the  ancient  distinction  of  the 


4 


THE  ROYAL  SESSION 


three  Orders  of  the  State  be  preserved  in  its  entirety,  as 
essentially  linked  to  the  constitution  of  his  Kingdom;  that 
the  deputies,  freely  elected  by  each  of  the  three  Orders,  form- 
ing three  chambers,  deliberating  by  Order,  and  being  able,  with 
the  approval  of  the  Sovereign,  to  agree  to  deliberate  in  com- 
mon, can  alone  be  considered  as  forming  the  body  of  the 
representatives  of  the  Nation.  As  a result,  the  King  has  de- 
clared null  the  resolutions  passed  by  the  deputies  of  the  Order 
of  the  Third  Estate,  the  17th  of  this  month,  as  well  as  those 
which  have  followed  them,  as  illegal  and  unconstitutional. 

2.  His  Majesty  declares  valid  all  the  credentials  verified 
or  to  be  verified  in  each  chamber,  upon  which  there  has  not 
been  raised  nor  will  be  raised  any  contest ; His  Majesty  or- 
ders that  these  shall  be  communicated  by  each  Order  respect- 
ively to  the  other  two  Orders. 

As  for  the  credentials  which  might  be  contested  in  each 
Order,  and  upon  which  the  parties  interested  would  appeal, 
it  will  be  enacted,  for  the  present  session  only  of  the  States- 
General,  as  will  be  hereafter  ordered. 


7.  His  Majesty  having  exhorted  the  three  Orders,  for  the 
safety  of  the  State,  to  unite  themselves  during  this  session  of 
Estates  only,  to  deliberate  in  common  upon  the  affairs  of  gen- 
eral utility,  wishes  to  make  his  intentions  known  upon  the 
manner  of  procedure. 

8.  There  will  be  particularly  excepted  from  the  affairs 
which  can  be  treated  in  common,  (1)  those  that  concern  the 
ancient  and  constitutional  rights  of  the  three  Orders , (2)  the 
form  of  constitution  .to  give  the  next  States-General , (3)  the 
feudal  and  seignioral  rights,  (4)  the  useful  rights  and  hon- 
orary prerogatives  of  the  two  first  Orders. 

The  especial  consent  of  the  Clergy  will  be  necessary  for  all 
provisions  which  could  interest  religion,  ecclesiastical  discipline, 
the  regime  of  the  Orders  and  secular  and  regular  bodies. 


ii-  If,  with  .the  view  of  facilitating  the  reunion  of  the 
three  Orders,  they  desired  that  the  propositions  that  shall  have 
been  considered  in  common,  should  pass  only  by  a majority  of 


THE  ROYAL  SESSION 


5 


two-thirds  of  the  votes,  His  Majesty  is  disposed  to  authorise 
this  form. 

15.  Good  order,  decency,  and  liberty  of  the  ballot  even, 
require  that  His  Majesty  prohibit,  as  he  expressly  does,  that 
any  person,  other  than  the  members  of  the  three  orders  com- 
prising the  States-General,  should  be  present  at  their  deliber- 
ations, whether  they  deliberate  in  common  or  separately. 

B.  Declaration  of  the  Intentions  of  the  King.  June  23, 
1789.  Duvergier,  Lois,  I,  26-28.  Translation,  Mrs.  Fred  M. 
Fling,  Fling's  Source  Studies,  The  Royal  Session,  50-57. 

1.  No  new  impost  shall  be  established,  no  old  one  shall 
be  continued  beyond  the  term  fixed  by  the  laws,  without 
the  consent  of  the  Representatives  of  the  Nation. 

2.  The  new  impositions  which  will  be  established,  or  the 
old  ones  which  will  be  continued,  shall  hold  only  for  the  in- 
terval which  will  elapse  until  the  time  of  the  following  ses- 
sion of  the  States-General. 

3.  As  the  borrowing  of  money  might  lead  to  an  increase 
of  taxes,  no  money  shall  be  borrowed  without  the  consent 
of  the  States-General,  under  the  condition,  however,  that  in 
case  of  war,  or  other  national  danger,  the  Sovereign  shall  have 
the  right  to  borrow  without  delay,  to  the  amount  of  one 
hundred  millions;  for  it  is  the  formal  intention  of  the  King 
never  to  make  the  safety  of  his  Empire  dependent  upon  any 
person. 

4.  The  States-General  shall  examine  with  care  the  sit- 
uation of  the  finances,  and  they  shall  demand  all  the  infor- 
mation necessary  to  enlighten  them  perfectly. 

5.  The  statement  of  receipts  and  expenses  shall  be  made 
public  each  year,  in  a form  proposed  by  the  States-General  and 
approved  by  His  Majesty. 

6.  The  sums  attributed  to  each  department,  shall  be  de- 
termined in  a fixed  and  invariable  manner,  and  the  King  sub- 
mits to  this  general  rule  even  the  funds  that  are  destined  for 
the  maintenance  of  his  household. 

7.  The  King  wishes,  in  order  to  assure  this  fixity  of  the 
different  expenses  of  the  State,  that  provisions  suitable  to 
accomplish  this  object  be  suggested  to  him  by  the  States- 


6 


THE  ROYAL  SESSION 


General;  and  His  Majesty  will  adopt  them,  if  they  are  in 
accordance  with  the  Royal  dignity  and  the  indispensable 
celerity  of  the  public  service. 

8.  The  representatives  of  a nation  faithful  to  the  laws 
of  honor  and  probity,  will  make  no  attack  upon  the  public 
credit,  and  the  King  expects  from  them  that  the  confidence 
of  the  creditors  of  the  State  be  assured  and  secured  in  the 
most  authentic  manner. 

9.  When  the  formal  dispositions  announced  by  the  Clergy 
and  the  Nobility,  to  renounce  their  pecuniary  privileges,  will 
have  become  a reality  by  their  deliberations,  it  is  the  intention 
of  the  King  to  sanction  them,  and  there  will  no  longer  exist 
any  kind  of  privileges  or  distinctions  in  the  payment  of  the 
taxes. 

10.  The  King  wishes  that,  to  consecrate  a disposition  so 
important,  the  name  of  Taille  be  abolished  in  the  Kingdom, 
and  that  this  impost  be  joined  either  to  the  vingtiem.es,  or 
to  any  other  territorial  impost,  or  finally  that  it  be  replaced 
in  some  way,  but  always  in  just  and  equal  proportions  and 
without  distinction  of  estate,  rank  and  birth. 

11.  The  King  wishes  that  the  tax  of  franc-fief  be  abolished 
from  the  time  when  the  revenues  and  fixed  expenses  of  the 
State  will  have  been  put  in  an  exact  balance. 

12.  All  property  rights,  without  exception,  will  be  con- 
stantly respected,  and  His  Majesty  expressly  understands  un- 
der the  name  of  property  rights,  tithes,  rents,  annuities  {rentes), 
feudal  and  seignioral  rights  and  duties,  and,  in  general,  all 
the  rights  and  prerogatives  useful  or  honorary,  attached  to 
lands  and  fiefs  or  pertaining  to  persons. 

13.  The  first  two  orders  of  the  state  will  continue  to 
enjoy  exemptions  from  personal  burdens,  but  the  King  would 
be  pleased  to  have  the  States-General  consider  means  of  con- 
verting this  kind  of  charges  into  pecuniary  contributions  and 
that  then  all  the  orders  of  the  state  might  be  subjected  equally 
to  them. 

14.  It  is  the  intention  of  His  Majesty  to  determine,  in  ac- 
cord with  the  States-General,  what  the  employments  and  duties 
will  be  which  will  preserve  in  the  future  the  privilege  of  giv- 
ing and  transmitting  nobility.  His  Majesty,  nevertheless,  ac- 
cording to  the  inherent  right  of  his  crown,  will  grant  titles 


7 


THE  ROYAL  SESSION 

of  nobility  to  those  of  his  subjects,  who  by  services  rendered 
to  the  King  or  to  the  State  shall  show  themselves  worthy  of 
this  recompense. 

15.  The  King,  desiring  to  assure  the  personal  liberty  of 
all  citizens  in  the  most  solid  and  durable  manner,  invites 
the  States-General  to  seek  for  and  to  propose  to  him  the  means 
that  may  be  the  most  fitting  to  conciliate  the  orders  known 
under  the  name  of  Letters  dc  Cachet,  with  the  maintenance 
of  public  severity  [jiV- — security]  and  with  the  precautions 
necessary  in  some  cases  to  guard  the  honor  of  families,  to 
repress  with  celerity  the  beginning  of  sedition  or  to  guarantee 
the  state  from  the  effects  of  criminal  negotiations  with  for- 
eign powers. 

16.  The  States-General  will  examine  and  make  known  to 
His  Majesty,  the  means  most  fitting  to  reconcile  the  liberty 
of  the  press  with  the  respect  due  to  religion,  custom,  and  the 
honor  of  the  citizens. 

17.  There  will  be  established  in  the  different  provinces 
or  generalities  of  the  kingdom,  Provincial-Estates  composed 
thus : two-tenths  of  the  members  of  the  clergy,  a part  of 
whom  will  necessarily  be  chosen  in  the  Episcopal  Order; 
three-tenths  of  members  of  the  Nobility,  and  five-tenths  ot 
members  of  the  Third  Estate. 

18.  The  members  of  these  Provincial-Estates  will  be  freely 
elected  by  the  respective  Orders,  and  a certain  amount  of  prop- 
erty will  be  necessary  to  be  an  elector  or  eligible. 

19.  The  deputies  to  these  Provincial-Estates  will  delib- 
erate in  common  upon  all  affairs,  following  the  usage  observed 
in  the  Provincial  Assemblies,  which  these  estates  will  replace. 

20.  An  intermediary  commission,  chosen  by  these  estates, 
will  administer  the  affairs  of  the  province,  during  the  interval 
from  one  session  to  another,  and  these  intermediary  com- 
missions becoming  alone  responsible  for  their  conduct,  will 
have  for  delegates  persons  chosen  wholly  by  them  or  the  Pro- 
vincial-Estates. 

21.  The  States-General  will  propose  to  the  King  their 
views  upon  all  the  other  parts  of  interior  organization  of 
the  Provincial-Estates,  and  upon  the  choice  of  forms  appli- 
cable to  the  election  of  the  members  of  this  assembly. 

22.  Independently  of  the  objects  of  administration  with 
which  the  Provincial  Assemblies  are  charged,  the  King  will 


* 


THE  ROYAL  SESSION 


confide  to  the  Provincial-Estates  the  administration  of  the 
hospitals,  prisons,  poor-houses,  foundling  homes,  the  inspection 
of  the  expenses  of  the  cities,  the  surveillance  over  the  main- 
tenance of  the  forests,  the  protection  and  sale  of  the  wood,  and 
over  other  objects  which  could  be  more  usefully  administered 
by  the  provinces. 

23.  The  disputes  occurring  in  the  provinces  where  ancient 
estates  exist,  and  the  protests  that  have  arisen  against  the 
constitution  of  the  assemblies , ought  to  claim  the  attention  of 
the  States-General ; they  will  make  known  to  His  Majesty  the 
dispositions  of  justice  and  wisdom  that  it  is  suitable  to  adopt 
to  establish  a fixed  order  in  the  administration  of  these  same 
provinces. 

24.  The  King  invites  the  States-General  to  occupy  them- 
selves in  the  quest  of  the  proper  means  to  turn  to  account 
the  most  advantageously  the  domains  which  are  in  his  hands, 
and  to  propose  to  him  equally  their  views  upon  what  can  be 
done  the  most  conveniently  with  the  domains  that  have  been 
leased. 

25.  The  States-General  will  consider  the  project  conceived 
a long  time  ago  by  His  Majesty,  of  transferring  the  collection 
of  tariffs  to  the  frontiers  of  the  kingdom,  in  order  that  the 
most  perfect  liberty  may  reign  in  the  internal  circulation  of 
national  or  foreign  merchandise. 

26.  His  Majesty  desires  that  the  unfortunate  effects  of  the 
impost  upon  salt  and  the  importance  of  this  revenue  be  care- 
fully discussed,  and  that  in  all  the  substitutions,  means  of 
lightening  the  collection  may  at  least  be  proposed. 

27.  His  Majesty  wishes  also  that  the  advantages  and  in- 
conveniences of  the  internal  revenue  tax  on  liquors  and  other 
imposts  be  examined  attentively,  but  without  losing  sight  of  the 
absolute  necessity  of  assuring  an  exact  balance  between  the 
revenues  and  expenses  of  the  state. 

28.  According  to  the  wish  that  the  King  manifested  by 
his  declaration  of  the  23rd  of  last  September,  His  Majesty 
will  examine  with  serious  attention  the  plans  which  may  be 
presented  to  him,  relative  to  the  administration  of  justice, 
and  to  the  means  of  perfecting  the  civil  and  criminal  laws. 

29.  The  King  wishes  that  the  laws  that  he  will  have  pro- 
mulgated during  the  session  and  after  the  advice  or  accord- 


THE  ROYAL  SESSION 


mg  to  the  wish  of  the  States- General,  may  experience  in  their 
registration  and  execution  no  delay  nor  any  obstacle  in  all 
the  extent  of  his  kingdom. 

30.  His  Majesty  wishes  that  the  use  of  the  corvee  for 
the  making  and  maintenance  of  the  roads,  be  entirely  and 
forever  abolished  in  his  kingdom. 

31.  The  King  desires  that  the  abolition  of  the  right  of 
main  morte,  of  which  His  Majesty  has  given  the  example 
in  his  domains,  be  extended  to  all  France,  and  that  means 
be 'proposed  to  him  for  providing  the  indemnity  which  would 
be  due  the  lords  in  possession  of  this  right. 

32.  His  Majesty  will  make  known  at  once  to  the  States- 
General  the  regulations  with  which  he  occupies  himself  for 
the  purpose,  of  restricting  the  capitaineries,  to  give,  further- 
more, in  this  connection,  which  touches  the  most  nearly  his 
own  pleasures,  a new  proof  of  his  love  for  his  people. 

33.  The  King  invites  the  States-General  to  consider  the 
drawing  for  the  militia  in  all  its  aspects  and  to  study  the 
means  of  reconciling  what  is  due  to  the  defence  of  the  stale, 
with  the  extenuations  that  His  Majesty  desires  to  procure 
for  his  subjects. 

34.  The  King  wishes  that  all  the  dispositions  of  public 
order  and  of  kindness  toward  his  people,  that  His  Majesty 
will  have  sanctioned  by  his  authority,  during  the  present 
session  of  the  States-General,  those  among  others,  relative 
to  personal  liberty,  the  equality  of  contributions,  the  estab- 
lishment of  the  Provincial-Estates,  may  never  be  changed  with- 
out the  consent  of  the  three  Orders,  given  separately.  His 
Majesty  places  them  in  the  same  rank  with  the  national 
properties,  that  like  all  other  property,  he  wishes  to  place 
under  the  most  assured  protection. 

35.  His  Majesty,  after  having  called  the  States-General 
to  study,  together  with  him,  great  matters  of  public  utility 
and  of  everything  which  can  contribute  to  the  happiness  of 
his  people,  declares  in  the  most  express  manner,  that  he 
wishes  to  preserve  in  its  entirety  and  without  the  least  im- 
pairment, the  constitution  of  the  army,  as  well  as  every  au- 
thority, both  police  authority  and  military  power  over  the 
militia  such  as  the  French  monarchs  have  constantly  enjoyed. 


10 


THE  ROYAL  SESSION 


You  have,  gentlemen,  heard  the  substance  of  my  dispo- 
sitions and  of  my  wishes ; they  are  conformable  to  the  earnest 
desire  that  I have  for  the  public  welfare ; and,  if,  by  a fatality 
far  from  my  thoughts,  you  should  abandon  me  in  so  fine  an 
enterprise,  alone  I will  assure  the  well  being  of  my  people, 
alone  I will  consider  myself  as  their  true  representative ; and 
knowing  your  cahiers,  knowing  the  perfect  accord  which  ex- 
ists between  the  most  general  wish  of  the  Nation  and  my 
kindly  intentions,  I will  have  all  the  confidence  which  so  rare 
a harmony  ought  to  inspire  and  I will  advance  towards  the 
goal  that  I wish  to  attain  with  all  the  courage  and  firmness 
that  it  ought  to  inspire  in  me. 

Reflect,  gentlemen,  that  none  of  your  projects,  none  of 
your  dispositions  can  have  the  force  of  a law  without  my 
special  approbation.  So  I am  the  natural  guarantee  of  your 
respective  rights,  and  all  the  Orders  of  the  State  can  rest 
upon  my  equitable  impartiality.  All  distrust  upon  your  part 
would  be  a great  injustice.  It  is  I,  at  present,  who  am  doing 
everything  for  the  happiness  of  my  people,  and  it  is  rare, 
perhaps,  that  the  only  ambition  of  a sovereign  is  to  come 
to  an  understanding  with  his  subjects  that  they  may  accept 
his  kindnesses. 

I order  you,  gentlemen,  to  separate  immediately,  and  to  go 
tomorrow  morning,  each  to  the  chamber  allotted  to  your  Order ; 
in  order  to  take  up  again  your  sessions.  I order  therefore  the 
Grand  Master  of  Ceremonies,  to  have  the  halls  prepared. 

C.  Decree  of  the  Assembly,  June  23,  1789.  Duvergier, 
Lois,  I,  28.  Translation,  Mrs.  Fred  M.  Fling,  in  Fling’s  Source 
Studies,  Royal  Session,  44. 

The  National  Assembly  declares  that  the  person  of  each 
of  the  deputies  is  inviolable;  that  all  individuals,  all  corpora- 
tions, tribunal,  court  or  commission  that  shall  dare,  during 
or  after  the  present  session,  to  pursue,  to  seek  for,  to  arrest 
or  have  arrested,  detain  or  have  detained,  a deputy,  by  reason 
of  any  propositions,  advice,  opinions,  or  discourse  made  by 
him  in  the  States-General ; as  well  as  all  persons  who  shall 
lend  their  aid  to  any  of  the  said  attempts  by  whomsoever  they 
may  be  ordered,  are  infamous  and  traitors  to  the  Nation 


FOURTH  OF  AUGUST  DECREES 


II 


and  guilty  of  capital  crime.  The  National  Assembly  decrees 
that,  in  the  aforesaid  cases,  it  will  take  all  the  necessary  meas- 
ures to  have  sought  out,  pursued  and  punished  those  who  may 
be  its  authors,  instigators  or  executors. 


4.  The  Fourth  of  August  Decrees. 


August  11,  1789.  Duvergier,  Lois , I,  33-35.  Translation,  James 
Harvey  Robinson,  University  of  Pennsylvania  Translations  and  Re- 
prints. 

The  overthrow  of  the  Bastile  on  July  14,  1789,  was  followed 
by  a revolution  in  the  provinces.  Directed  principally  at  the 
destruction  of  those  feudal  arrangements  which  bore  most  harshly 
upon  the  peasantry,  this  revolution  was  marked  by  much  violence 
and  misery.  A report  upon  the  condition  of  the  provinces  read 
in  the  Constituent  Assembly  on  the  night  of  August  4 led  to  the 
adoption  of  this  decree.  It  was  passed  in  a burst  of  enthusiasm 
for  the  regeneration  of  France.  This  haste  made  necessary  some 
slight  modifications  a week  later. 

References.  Gardiner,  French  Revolution,  49-51 ; Mathews, 
French  Revolution,  138-141  ; Stephens,  French  Revolution,  I,  165- 
168:  Yon  Sybel,  French  Revolution,  I,  82-86;  Lavisse  and  Ram- 
baud,  Histoirc  Generate,  VIII,  70-72. 

1.  The  National  Assembly  hereby  completely  abolishes  the 
feudal  system.  It  decrees  that,  among  the  existing  rights  and 
dues,  both  feudal  and  censuel,  all  those  originating  in  or  rep- 
resenting real  or  personal  serfdom  (main  morte ) or  personal 
servitude,  shall  be  abolished  without  indemnification.  All 
other  dues  are  declared  redeemable,  the  terms  and  mode  of 
redemption  to  be  fixed  by  the  National  Assembly.  Those 
of  the  said  dues  which  are  not  extinguished  by  this  decree 
shall  continue  to  be  collected  until  indemnification  shall  take 
place. 

2.  The  exclusive  right  to  maintain  pigeon-houses  and 
dove-cotes  is  abolished.  The  pigeons  shall  be  confined  during 
the  seasons  fixed  by  the  community.  During  such  periods 
they  shall  be  looked  upon  as  game,  and  every  one  shall  have 
the  right  to  kill  them  upon  his  own  land. 

3-  The  exclusive  right  to  hunt  and  to  maintain  unenclosed 
warrens  is  likewise  abolished,  and  every  land  owner  shall  have 
the  right  to  kill  or  to  have  destroyed  on  his  own  land  all  kinds 


12 


FOURTH  OF  AUGUST  DEGREES 


of  game,  observing,  however,  such  police  regulations  as  may 
be  established  with  a view  to  the  safety  of  the  public. 

All  hunting  captainries,  including  the  royal  forests,  and 
all  hunting  rights  under  whatever  denomination,  are  likewise 
abolished.  Provision  shall  be  made,  however,  in  a manner 
compatible  with  the  regard  due  to  property  and  liberty,  for 
maintaining  the  personal  pleasures  of  the  King. 

The  president  of  the  assembly  shall  be  commissioned  to  ask 
of  the  King  the  recall  of  those  sent  to  the  galleys  or  exiled, 
simply  for  violations  of  the  hunting  regulations,  as  well  as 
for  the  release  of  those  at  present  imprisoned  for  offences 
of  this  kind,  and  the  dismissal  of  such  cases  as  are  now  pend- 
ing. 

4.  All  manorial  courts  are  hereby  suppressed  without  in- 
demnification. But  the  magistrates  of  these  courts  shall  con- 
tinue to  perform  their  functions  until  such  time  as  the  National 
Assembly  shall  provide  for  the  establishment  of  a new  judicial 
system. 

5.  Tithes  of  every  description,  as  well  as  the  dues  which 
have  been  substituted  for  them,  under  whatever  denomination 
they  are  known  or  collected  (even  when  compounded  for), 
possessed  by  secular  or  regular  congregations,  by  holders 
of  benefices,  members  of  corporations  (including  the  Order 
of  Malta  and  other  religious  and  military  orders),  as  well  as 
those  devoted  to  the  maintenance  of  churches,  those  impro- 
priated to  lay  persons  and  those  substituted  for  the  portion 
congnie,  are  abolished,  on  condition,  however,  that  some  other 
method  be  devised  to  provide  for  the  expenses  of  divine  wor- 
ship, the  support  of  the  officiating  clergy,  for  the  assistance  of 
the  poor,  for  repairs  and  rebuilding  of  churches  and  parson- 
ages, and  for  the  maintenance  of  all  institutions,  seminaries, 
schools,  academies,  asylums,  and  organizations  to  which  the 
present  funds  are  devoted.  Until  such  provision  shall  be 
made  and  the  former  possessors  shall  enter  upon  the  enjoy- 
ment of  an  income  on  the  new  system,  the  National  Assembly 
decrees  that  the  said  tithes  shall  continue  to  be  collected 
according  to  law  and  in  the  customary  manner. 

Other  tithes,  of  whatever  nature  they  may  be,  shall  be 
redeemable  in  such  manner  as  the  Assembly  shall  determine. 


FOURTH  OF  AUGUST  DECREES 


1 3 


Until  such  regulation  shall  be  issued,  the  National  Assembly 
decrees  that  these,  too,  shall  continue  to  be  collected. 

6.  All  perpetual  ground  rents,  payable  either  in  money 
or  in  kind,  of  whatever  nature  they  may  be,  whatever  their 
origin  and  to  whomsoever  they  may  be  due,  as  to  members 
of  corporations,  holders  of  the  domain  or  appanages  or  to 
the  Order  of  Malta,  shall  be  redeemable.  Champarts,  of 
every  kind  and  under  all  denominations,  shall  likewise  be  re- 
deemable at  a rate  fixed  by  the  Assembly.  No  due  shall  in  the 
future  be  created  which  is  not  redeemable. 

7.  The  sale  of  judicial  and  municipal  offices  shall  be 
suppressed  forthwith.  Justice  shall  be  dispensed  gratis.  Nev- 
ertheless, the  magistrates  at  present  holding  such  offices  shall 
continue  to  exercise  their  functions  and  to  receive  their  emol- 
uments until  the  Assembly  shall  have  made  provision  for  in- 
demnifying them. 

8.  The  fees  of  the  country  priests  are  abolished,  and  shall 
be  discontinued  so  soon  as  provision  shall  be  made  for  in- 
creasing the  minimum  salary  [portion  congrue ] of  the  parish 
priests  and  the  payment  to  the  curates.  A regulation  shall 
be  drawn  up  to  determine  the  status  of  the  priests  in  the 
towns. 

9.  Pecuniary  privileges,  personal  or  real,  in  the  payment  of 
taxes  are  abolished  forever.  Taxes  shall  be  collected  from  all 
the  citizens,  and  from  all  property,  in  the  same  manner  and  in 
the  same  form.  Plans  shall  be  considered  by  Which  the 
taxes  shall  be  paid  proportionally  by  all,  even  for  the  last 
six  months  of  the  current  year. 

10.  Inasmuch  as  a national  constitution  and  public  liberty 
are  of  more  advantage  to  the  provinces  than  the  privileges 
which  some  of  these  enjoy,  and  inasmuch  as  the  surrender  of 
such  privileges  is  essential  to  the  intimate  union  of  all  parts 
of  the  realm  [empire],  it  is  decreed  that  all  the  peculiar  priv- 
ileges, pecuniary  or  otherwise,  of  the  provinces,  principalities, 
districts  [/’ays'],  cantons,  cities  and  communes,  are  once  for 
all  abolished  and  are  absorbed  into  the  law  common  to  all 
Frenchmen. 

11.  All  citizens,  without  distinction  of  birth,  are  eligible 
to  any  office  or  dignity,  whether  ecclesiastical,  civil  or  military; 
and  no  profession  shall  imply  any  derogation. 


14 


FOURTH  OF  AUGUST  DECREES 


12.  Hereafter  no  remittances  shall  be  made  for  annates 
or  for  any  other  purpose  to  the  court  of  Rome,  the  vice-lega- 
tion at  Avignon,  or  to  the  nunciature  at  Lucerne.  The  clergy 
of  the  diocese  shall  apply  to  their  bishops  in  regard  to  the 
filling  of  benefices  and  dispensations,  the  which  shall  be  granted 
gratis  without  regard  to  reservations,  expectancies  and  papal 
months,  all  the  churches  of  France  enjoying  the  same  freedom. 

13.  The  rights  of  deport,  of  cotte-morte,  depouilles,  vacat, 
droits  censaux,  Peter’s  pence,  and  other  dues  of  the  same  kind, 
under  whatever  denomination,  established  in  favor  of  bishops, 
archdeacons,  archpresbyters,  chapters,  and  regular  congrega- 
tions which  formerly  exercised  priestly  functions  [cures  prim- 
itifs],  are  abolished,  but  appropriate  provision  shall  be  made 
for  those  benefices  of  archdeacons  and  archpresbyters  which 
are  not  sufficiently  endowed. 

14.  Pluralities  shall  not  be  permitted  hereafter  in  cases 
where  the  revenue  from  the  benefice  or  benefices  held  shall 
exceed  the  sum  of  three  thousand  limes.  Nor  shall  any  in- 
dividual be  allowed  to  enjoy  several  pensions  from  benefices, 
or  a pension  and  a benefice,  if  the  revenue  which  he  already 
enjoys  from  such  sources  exceeds  the  same  sum  of  three 
thousand  livres. 

15.  The  National  Assembly  shall  consider,  in  conjunction 
with  the  King,  the  report  which  is  to  be  submitted  to  it  re- 
lating to  pensions,  favors  and  salaries,  with  a view  to  suppress- 
ing all  such  as  are  not  deserved  and  reducing  those  which  shall 
prove  excessive;  and  the  amount  shall  be  fixed  which  the  King 
may  in  the  future  disburse  for  this  purpose. 

16.  The  National  Assembly  decrees  that  a medal  shall  be 
struck  in  memory  of  the  recent  grave  and  important  deliber- 
ations for  the  welfare  of  France,  and  that  a Te  Deum  shall  be 
chanted  in  gratitude  in  all  the  parishes  and  the  churches  of 
France. 

17.  The  National  Assembly  solemnly  proclaims  the  King, 
Louis  XVI,  the  Restorer  of  French  Liberty. 

18.  The  National  Assembly  shall  present  itself  in  a body 
before  the  King,  in  order  to  submit  to  him  the  decrees  which 
have  just  been  passed,  to  tender  to  him  the  tokens  of  its  most 
respectful  gratitude  and  to  pray  him  to  permit  the  Te  Deum 


DECLARATION  OF  RIGHTS 


is 


to  be  chanted  in  his  chapel,  and  to  be  present  himself  at  this 
service. 

19.  The  National  Assembly  shall  consider,  immediately 
after  the  constitution,  the  drawing  up  of  the  laws  necessary 
for  the  development  of  the  principles  which  it  has  laid  down 
in  the  present  decree.  The  latter  shall  be  transmitted  without 
delay  by  the  deputies  to  all  the  provinces,  together  with  the 
decree  of  the  tenth  of  this  month,  in  order  that  it  may  be 
printed,  published,  announced  from  the  parish  pulpits,  and 
posted  up  wherever  it  shall  be  deemed  necessary. 


5.  Declaration  of  the  Rights  of  Man  and  Citizen. 

This  is  the  most  famous  document  connected  with  the  early 
stages  of  the  Revolution.  Until  recently  it  lms  been  n>»aiYim] 
an  ..nl  growth  of  The  doctrinaire  irleng  of  fcfrg  nre-revnliiHonpry 
thinkers  especially  of  Rousseau.  It  should  be  studied,  however,' 
in  the  light  of  recent  investigations  into  its  origin  and  character. 
These  investigations  show  (1)  ^^theAdeaofformula^ing^^guc^ 
a declaration  was  taken  from  the  bills  ot  rights  attached  to  Arne? 
jc^m_al^t^_caflaijtllliafla-JlM^^.-JtMLJjL-Seaeral  each  of  its  pro~ 
visigngjg^ime^^^gome^reat^ exigtm^^use.  ' " “ ' 

References.  Jellinek,  Declaration  of  the  Rights  of  Man  and 
Citizen;  James  Harvey  Robinson,  Political  Science  Quarterly,  XIV, 
653-662  ; Aulard,  Revolution  Francaise,  39-48. 

[This  was  subsequently  incorporated  in  the  Constitution  of 
1791.  See  No.  15.] 


6.  Documents  upon  the  Constituent  Assembly  and  the 
Church. 

These  documents  show  both  the  general  attitude  of  the  Con 
stituent  Assembly  towards  religion  and  the  revolution  which  it 
sought  to  effect  in  the  position  of  the  Galliean  Church.  Careful 
attention  to  the  phraseology  of  the  documents  will  reveal  much 
concerning  the  ideas  upon  which  the  Assembly  proceeded. 

References.  Sloane,  French  Revolution  and  Religious  Reform, 
Chs.  v-viii  ; Gardiner,  French  Revolution,  67-69  ; Stephens,  French 
Revolution,  I,  Ch.  s ; Debidour,  L’Eglise  et  de  VEtat,  Part  I,  Chs. 
1 and  11 ; Mathews,  French  Revolution,  161-163. 

A.  Decree  upon  the  Church  Lands.  November  2,  1789, 
Duvergier,  Lois,  I,  54-55. 

The  National  Assembly  decrees,  1st,  All  the  ecclesiastical 
estates  are  at  the  disposal  of  the  nation,  on  condition  of  pro- 


i6 


CONSTITUENT  ASSEMBLY  AND  CHURCH 


viding  in  a suitable  manner  for  the  expenses  of  worship,  the 
maintenance  of  its  ministers,  and  the  relief  of  the  poor,  un- 
der the  supervision  and  following  the  directions  of  the  pro- 
vinces ; 2d,  that  in  the  provisions  to  be  made,  in  order  to  pro- 
vide for  the  maintenance  of  the  ministers  of  religion,  there  can 
be  assured  for  the  endowment  of  each  cure  not  less  than  twelve 
hundred  limes  per  annum,  not  including  the  dwelling  and  the 
gardens  attached. 

B.  Decree  upon  Monastic  Vo'ws,  February  13,  1789.  Du- 
vergier,  Lois,  I,  100. 

1.  The  constitutional  law  of  the  kingdom  shall  no  longer 
recognize  solemn  monastic  vows  of  persons  of  either  sex ; in 
consequence,  the  orders  and  congregations  living  according  to 
rule  are  and  shall  remain  suppressed  in  France,  without  there 
being  any  similar  ones  allowed  in  the  future. 

2.  All  the  persons  of  either  sex  living  in  the  monasteries 
and  religious  houses  may  leave  them  by  making  their 
declaration  before  the  municipality  of  the  place,  and  there 
shall  immediately  be  provision  made  for  their  existence  by  a 
suitable  pension.  There  shall  also  be  houses  set  aside  to  which 
the  religious  who  do  not  wish  to  profit  by  the  provision  of  the 
present  [article]  shall  be  required  to  retire.  Moreover,  there 
shall  be  no  change  for  the  present  in  respect  to  the  houses 
charged  with  public  education  and  the  establishments  of  char- 
ity and  any  that  have  until  now  taken  part  in  these  matters. 

3.  The  religious  shall  be  able  to  remain  in  the  houses  in 
which  they  are  at  present,  excepting  those  described  in  the 
article  which  requires  the  religious  to  unite  several  houses  into 
one. 

C.  The  Civil  Constitution  of  the  Clergy.  July  12,  1790. 
Duvergier,  Lois,  I,  242-248.  Translation,  James  Harvey  Rob- 
inson, University  of  Pennsylvania  Translations  and  Reprints. 

The  National  Assembly,  after  having  heard  the  report  of 
the  Ecclesiastical  Committee,  has  decreed  and  does  decree  the 
following  as  constitutional  articles : — 

title  1. 

1.  Each  department  shall  form  a single  diocese,  and  each 
diocese  shall  have  the  same  extent  and  the  same  limits  as  the 
department. 


CONSTITUENT  ASSEMBLY  AND  CHURCH 


17 


2.  The  seat  of  the  bishoprics  of  the  eighty-three  depart- 

ments of  the  kingdom  shall  be  established  as  follows : That  of 
the  Department  of  the  Lower  Seine  at  Rouen ; that  of  the  De- 
partment of  Calvados  at  Bayeux.  . . . [The  names  of  the 

remaining  episcopal  sees  are  here  omitted.] 

All  other  bishoprics  in  the  eighty-three  departments  of  the 
kingdom,  which  are  not  included  by  name  in  the  present  article 
are,  and  forever  shall  be,  .abolished. 

The  kingdom  shall  be  divided  into  ten  metropolitan  dis- 
tricts, of  which  the  sees  shall  be  situated  at  Rouen,  Rheims, 
Besangon,  Rennes,  Paris,  Bourges,  Bordeaux,  Toulouse,  Aix 
and  Lyons.  These  archbishoprics  shall  have  the  following 
denominations : That  of  Rouen  shall  be  called  the  Archbishop- 
ric of  the  Coast  of  the  Channel.  . . . [The  remaining 

names  of  the  archbishoprics  are  here  omitted.] 

3.  [This  article  enumerates  the  departments  included  in 
each  archbishopric.] 

4.  No  church  or  parish  of  France  nor  any  French  citizen 
may  acknowledge  upon  any  occasion  or  upon  any  pretext  what- 
soever, the  authority  of  an  ordinary  bishop  or  of  an  archbishop 
whose  see  shall  be  under  the  supremacy  of  a foreign  power, 
nor  that  of  their  representatives  residing  in  France  or  else- 
where; without  prejudice,  however,  to  the  unity  of  the  faith 
and  the  intercourse  which  shall  be  maintained  with  the  Visible 
Head  of  the  Universal  Church,  as  hereafter  provided. 

5.  After  the  bishop  of  a diocese  shall  have  rendered  his 
decision  in  his  synod  upon  the  matters  lying  within  his  compe- 
tence an  appeal  may  be  carried  to  the  archbishop,  who  shall 
give  his  decision  in  the  metropolitan  synod. 

6.  A new  arrangement  and  division  of  all  the  parishes  of 
the  kingdom  shall  be  undertaken  immediately  in  concert  with 
the  Bishop  and  the  District  Administration.  The  number  and 
extent  of  the  parishes  shall  be  determined  according  to  rules 
which  shall  be  laid  down. 

7.  The  cathedral  church  of  each  diocese  shall  be  restored 
to  its  primitive  condition  and  be  hereafter  at  once  the  church 
of  the  parish  and  of  the  diocese.  This  shall  be  accomplished 
by  the  suppression  of  parishes  and  by  the  redistribution  of 
dwellings  which  it  may  be  deemed  necessary  to  include  in  the 
new  parish. 


i8 


CONSTITUENT  ASSEMBLY  AND  CHURCH 


[Articles  8 to  13,  here  omitted,  regulate  -the  organization 
of  the  cathedral  church  and  provide  for  one  seminary  in  each 
diocese.] 

14.  The  vicars  of  the  cathedral  churches,  the  superior 
vicar  and  directing  vicars  of  the  seminary  shall  form 
the  regular  and  permanent  Council  of  the  Bishop,  who 
shall  perform  no  official  act  which  concerns  the  government  of 
the  diocese  or  of  the  seminary  until  he  has  consulted  them. 
The  bishop  may,  however,  in  the  course  of  his  visits  issue  such 
provisional  ordinances  as  ' may  be  necessary. 

15.  There  shall  be  but  a single  parish  in  all  cities  and  towns 
having  not  more  than  6,000  inhabitants.  The  other  parishes 
shall  be  abolished  or  absorbed  into  that  of  the  Episcopal 
church. 

16.  In  cities  having  a population  of  more  than  6,000  inhab- 
itants a parish  may  include  a greater  number  of  parishioners, 
and  as  many  parishes  shall  be  perpetuated  as  the  needs  of  the 
people  and  localities  shall  require. 

17.  The  administrative  assemblies,  in  concert  with  the  bish- 
op of  the  diocese,  shall  indicate  to  the  next  legislative  assembly, 
the  country  and  subordinate  urban  parishes  which  ought  to 
be  contracted  or  enlarged,  established  or  abolished,  and  shall 
indicate  farther  the  limits  of  the  parishes  as  the  needs  of  the 
people,  the  dignity  of  religion  and  the  various  localities  shall 
require. 


20.  All  titles  and  offices  other  than  those  mentioned  in  the 
present  constitution,  dignites,  canonries,  prebends,  half-pre- 
bends, chapels,  chaplainships,  both  in  cathedral  and  collegiate 
churches,  all  regular  and  secular  chapters  for  either  sex,  ab- 
bacies and  priorships,  both  regular  and  in  commendam,  for 
either  sex,  as  well  as  all  other  benefices  and  prestimonies  in 
general,  of  whatever  kind  or  denomination,  are  from  the  day 
of  this  decree  extinguished  and  abolished  and  shall  never  be 
re-established  in  any  form. 


TITLE  11. 

1.  Beginning  with  the  day  of  publication  of  the  present  de- 
cree there  shall  be  but  one  mode  of  choosing  bishops  and  par- 
ish priests,  namely  that  of  election. 


CONSTITUENT  ASSEMBLY  AND  CHURCH 


19 


2.  All  elections  shall  be  by  ballot  and  shall  be  decided  by 
the  absolute  majority  of  the  votes. 

3.  The  election  of  bishops  shall  take  place  according  to  the 
forms  and  by  the  electoral  body, designated  in  the  decree  of 
December  22,  1789,  for  the  election  of  members  of  the  De- 
partmental Assembly. 


6.  The  election  of  a bishop  can  only  take  place  or  be  under- 
taken upon  Sunday,  in  the  principal  church  of  the  chief  town 
of  the  department,  at  the  close  of  the  parish  mass,  at  which 
all  the  electors  are  required  to  be  present. 

7.  In  order  to  be  eligible  to  a bishopric  one  must  have  ful- 
filled for  fifteen  years  at  least  the  duties  of  the  church  min- 
istry in  the  diocese  as  a parish  priest,  officiating  minister  or 
curate  or  as  superior  or  as  directing  vicar  of  the  seminary. 


17.  The  archbishop  or  senior  bishop  of  the  province  shall 
have  the  right  to  examine  the  bishop-elect  in  the  presence  of 
his  council  upon  his  belief  and  his  character.  If  he  deems  him 
fit  for  the  position  he  shall  give  him  the  canonical  institution. 
If  he  believes  it  his  duty  to  refuse  this,  the  reasons  for  his  re- 
fusal shall  be  recorded  in  writing  and  signed  by  the  archbishop 
and  his  council,  reserving  to  the  parties  concerned  the  right  to 
appeal  on  the  ground  of  an  abuse  of  power  as  hereinafter  pro- 
vided. 

18.  The  bishop  applied  to  for  institution  may  not  exact 
of  the  person  elected  any  form  of  oath  except  that  he  makes 
profession  of  the  Roman  Catholic  and  Apostolic  religion. 

19.  The  new  bishop  may  not  apply  to  the  pope  for  any 
form  of  conformation,  but  shall  write  to  him  as  the  Visible 
Head  of  the  Universal  Church  as  a testimony  to  the  unity  of 
faith  and  communion  maintained  with  him. 

21.  Before  the  ceremony  of  consecration  begins,  the  bishop- 
elect  shall  take  a solemn  oath  in  the  presence  of  the  municipal 
officers,  of  the  people  and  of  the  clergy  to  guard  with  care  the 
faithful  of  his  diocese  who  are  confided  to  him,  to  be  loyal  to 
the  Nation,  the  Law  and  the  King  and  to  support  with  all  his 


20 


CONSTITUENT  ASSEMBLY  AND  CHURCH 


power  the  constitution  decreed  by  the  National  Assembly  and 
accepted  by  the  King. 

25.  The  election  of  the  parish  priests  shall  take  place  ac- 
cording to  the  forms  and  by  the  electors  designated  in  the  de- 
cree of  December  22,  1789,  for  the  election  of  members  of  the 
Administrative  Assembly  of  the  District. 

29.  Each  elector,  before  depositing  his  ballot  in  the  ballot- 
box,  shall  take  oath  to  vote  only  for  that  person  whom  he  has 
conscientiously  selected  in  his  heart  as  the  most  worthy,  with- 
out having  been  influenced  by  any  gift,  promise,  solicitation  or 
threat.  The  same  oath  shall  be  required  at  the  election  of  the 
bishops  as  in  the  case  of  the  parish  priests. 

40.  Bishoprics  and  cures  shall  be  looked  upon  as  vacant 
until  those  elected  to  fill  them  shall  have  taken  the  oath  above 
mentioned. 


TITLE  ill. 

1.  The  ministers  of  religion,  performing  as  they  do  the  first 
and  most  important  functions  of  society  and  forced  to  live 
continuously  in  the  place  where  they  discharge  the  offices  to 
which  they  have  been  called  by  the  confidence  of  the  people, 
shall  be  supported  by  the  nation. 

2.  Every  bishop,  priest  and  officiating  clergyman  in  a chapel 
of  ease,  shall  be  furnished  with  a suitable  dwelling  on  condi- 
tion, however,  that  the  occupant  shall  make  all  the  necessary 
current  repairs.  This  shall  not  affect,  at  present,  in  any  way, 
those  parishes  where  the  priest  now  receives  a money  equiv- 
alent instead  of  his  dwelling.  The  departments  shall,  more 
over,  have  cognizance  of  suits  arising  in  this  connection, 
brought  by  the  parishes  and  by  the  priests.  Salaries  shall  be 
assigned  to  each,  as  indicated  below. 

3.  The  Bishop  of  Paris  shall  receive  50,000  livres;  the 
bishops  of  cities  having  a population  of  50,000  or  more,  20,000 
livres;  other  bishops,  12,000  livres. 

4.  [Article  4 fixes  the  salaries  of  the  vicars  of  cathedral 
churches.  These  ranged  from  6000-2000  livres.] 


CONSTITUENT  ASSEMBLY  AND  CHURCH 


21 


5.  The  salaries  of  the  parish  priests  shall  be  as  follows : 
In  Paris,  6000  limes;  in  cities  having  a population  of  50,000 
or  over,  4000  limes;  in  those  having  a population  of  less  than 
50,000  and  more  than  10,000,  3000  limes;  in  cities  and  towns 
of  which  the  population  is  below  10,000  and  more  than  3000, 
2400  limes. 

In  all  other  cities,  towns  and  villages  where  the  parish  shall 
have  a population  between  3000  and  2500,  2000  limes;  in  those 
between  2500  and  2000,  1800  limes ; in  those  having  a popula- 
tion of  less  than  2000,  and  more  than  1000,  the  salary  shall  be 
1500  limes;  in  those  having  1000  inhabitants  and  under,  1200 
limes. 

6.  [The  salaries  of  the  curates,  fixed  by  article  6,  ranged 
from  2400  livres  at  Paris  to  700  in  the  small  places.] 

7.  The  salaries  in  money  of  the  ministers  of  religion  shall 
be  paid  every  three  months,  in  advance,  by  the  treasurer  of  the 
district. 

11.  The  schedule  fixed  above  for  the  payment  of  the  min- 
isters of  religion  shall  go  into  effect  upon  the  day  of  publication 
of  this  decree,  but  only  in  the  case  of  those  who  shall  be  after- 
ward provided  with  ecclesiastical  offices.  The  remuneration 
of  the  present  holders,  both  those  whose  offices  or  functions 
are  abolished  and  those  whose  titles  are  retained,  shall  be  fixed 
by  a special  decree. 

12.  In  view  of  the  salary  which  is  assured  to  them  by  the 
present  constitution,  the  bishops,  parish  priests  and  curates 
shall  perform  the  episcopal  and  priestly  functions  gratis. 

TITLE  IV. 

1.  The  law  requiring  the  residence  of  ecclesiastics  in  the 
districts  under  their  charge  shall  be  strictly  observed.  All  vest- 
ed with  an  ecclesiastical  office  or  function  shall  be  subject  to 
this  without  distinction  or  exception. 

2.  No  bishop  shall  absent  himself  from  his  diocese  more 
than  two  weeks  consecutively  during  the  year,  except  in  case 
of  real  necessity  and  with  the  consent  of  the  Directory  of  the 
Department  in  which  his  see  is  situated. 

3.  In  the  same  manner  the  parish  priests  and  the  curates 
may  not  absent  themselves  from  the  place  of  their  duties  be- 


22  CONSTITUENT  ASSEMBLY  AND  CHURCH 

yond  the  term  fixed  above,  except  for  weighty  reasons,  and 
even  in  such  cases  the  priests  must  obtain  the  permission  both 
of  their  bishop  and  of  the  Directory  of  their  district,  and  the 
curates  that  of  the  parish  priest. 

4.  In  case  a bishop  or  a priest  shall  violate  this  law  requir- 
ing residence,  the  communal  government  shall  inform  the 
procureur-general  syndic  of  the  department,  who  shall  issue  a 
summons  to  him  to  return  to  his  duties.  After  a second  warn- 
ing the  procureur  shall  take  steps  to  have  his  salary  declared 
forfeited  for  the  whole  period  of  his  absence. 

6.  Bishops,  parish  priests  and  curates  may,  as  active  citi- 
zens, be  present  at  the  Primary  and  Electoral  Assemblies,  they 
may  be  chosen  electors  or  as  deputies  to  the  Legislative  Body, 
or  as  members  of  the  General  Council  of  the  Communes  or  of 
the  Administrative  Councils  of  their  districts  or  departments 
Their  duties  are,  however,  declared  incompatible  with  those  of 
Maire  or  other  municipal  officers  and  those  of  the  members  of 
the  Directories  of  the  District  and  of  the  Department.  If 
elected  to  one  of  these  last  mentioned  offices  they  must  make  a 
choice  between  it  and  their  ecclesiastical  position. 

7.  The  incompatibility  of  office  mentioned  in  article  6 shall 
only  be  observed  in  the  future.  If  any  bishops,  parish  priests 
or  curates  have  been  called  by  their  fellow-citizens  to  the  offi- 
ces of  Maire  or  to  other  communal  offices  or  have  been  elected 
members  of  the  Directory  of  the  District  or  of  the  Department, 
they  may  continue  their  functions. 

D.  Decree  upon  the  Clerical  Oath.  November  27,  1790. 
Duvergier,  Lois,  II,  59-60. 

1.  The  bishops  and  former  archbishops  and  the  cures  kept 
in  their  positions  shall  be  required,  if  they  have  not  already 
done  so,  to  take  the  oath  for  which  they  are  liable  . 
concerning  the  Civil  Constitution  of  the  Clergy.  In  consequence, 
they  shall  swear  ...  to  look  with  care  after  the  faithful 
of  their  diocese  or  the  parish  which  is  intrusted  to  them,  to  be 
faithful  to  the  nation,  to  the  law  and  to  the  King,  and  to  main- 
tain with  all  their  power  the  constitution  decreed  by  the  Na- 
tional Assembly  and  accepted  by  the  King. 


CONSTITUENT  ASSEMBLY  AND  CHURCH 


23 


2.  [The  same  requirement,  except  the  first  clause,  is  made 
of  “all  other  ecclesiastical  public  functionaries.’’] 

5.  Those  of  the  said  bishops,  former  archbishops,  cures, 
and  other  ecclesiastical  public  functionaries,  who  shall  not  have 
taken  . . . the  oath  which  is  prescribed  for  them  respec- 

tively, shall  be  reputed  to  have  renounced  their  office  and  there 
shall  be  provision  made  for  their  replacement,  as  in  case  of 
vacancy  by  the  resignation. 


E.  Decree  upon  the  Publication  of  Papal  Documents.  June 
9,  1791.  Duvergier,  Lois , III,  10. 

The  National  Assembly,  after  having  heard  its  united  con- 
stitutional and  ecclesiastical  committees,  considering  that  it  is 
of  importance  for  the  national  sovereignty  and  the  mainte- 
nance of  public  order  within  the  kingdom,  to  determine  consti- 
tutionally the  conservative  forms  of  the  ancient  and  salutary 
maxims  by  which  the  French  nation  has  always  kept  clear  of 
the  enterprises  of  the  court  of  Rome,  without  lacking  in  the 
respect  due  to  the  head  of  the  Catholic  Church,  decrees  as  fol- 
lows : 

1.  No  briefs,  bulls,  rescripts,  constitutions,  decrees,  or 
other  documents  of  the  court  of  Rome,  under  any  denomination 
whatsoever,  shall  be  recognized  as  such,  received,  published, 
printed,  posted,  or  otherwise  put  into  execution  within  the 
kingdom,  but  they  shall  here  be  null  and  of  no  effect,  unless 
they  have  been  presented  to  the  Legislative  Body,  seen  and 
verified  by  it,  and  unless  their  publication  and  execution  have 
been  authorised  by  a decree  sanctioned  by  the  King  and  pro- 
mulgated in  the  forms  established  for  the  notification  of  the 
laws. 

2.  The  bishops,  cures,  and  other  public  functionaries, 
whether  ecclesiastical  or  lay,  who,  in  contravention  of  the  pre- 
ceding article,  shall  read,  distribute,  cause  to  be  read,  distrib- 
uted, printed,  posted,  or  shall  otherwise  give  publicity  or  execu- 
tion to  the  briefs,  bulls,  rescripts,  constitutions,  decrees,  or  other 
documents  of  the  court  of  Rome,  not  authorised  by  a decree  of 
the  Legislative  Body  sanctioned  by  the  King,  shall  be  prose- 
cuted criminally  as  disturbers  of  the  public  order  and  pun- 


24 


LOCAL  GOVERNMENT  DECREES 


ished  with  the  penalty  of  civic  degradation,  without  prejudice 
to  the  execution  of  article  2 of  the  decree  of  May  7 last. 


7.  Decrees  for  Reorganizing  the  Local  Government  System. 

These  documents  exhibit  the  general  outline  of  the  scheme  for 
local  government  devised  by  the  Constituent  Assembly  in  order 
to  replace  that  of  the  Old  Regime,  which  had  disappeared  during 
the  revolution  in  the  provinces  which  followed  the  overthrow 
of  the  Bastile.  The  extent  of  the  revolution  in  local  affairs  may 
be  seen  by  comparing  this  scheme  of  government  with  that  which 
it  replaced.  Some  parts  of  the  scheme  here  outlined  have  been 
permanent,  others  have  been  seriously  modified  or  discarded  ; the 
permanent  features  should  be  particularly  noted. 

References.  Stephens,  French  Revolution,  I,  278-284 ; La- 
visse  and  Rambaud,  JI istoire  Genorale,  VIII,  79-84. 

A.  Decree  upon  the  Municipalities.  December  14,  1789. 
Duvergier,  Lois,  I,  63-67. 

1.  The  actually  existing  municipalities  in  each  city,  bor- 
ough, parish,  or  community,  under  the  titles  of  hotcls-de-ville, 
mayoralties,  aldermanates,  consulates,  and  generally  under  any 
title  or  qualification  whatsoever,  are  suppressed  and  abolished ; 
the  municipal  officers  actually  in  service,  however,  shall  con- 
tinue their  functions  until  they  may  be  replaced. 

2.  The  officers  and  members  of  the  existing  municipalities 
shall  be  replaced  by  means  of  election. 

3.  The  rights  of  presentation,  appointment,  or  confirmation, 
and  the  rights  of  presidency  or  of  presence  in  the  municipal 
assemblies  claimed  or  exercised  as  being  attached  to  the  pos- 
session of  certain  lands,  to  the  functions  of  province  or  city 
commandant,  bishoprics,  or  archbishoprics,  and  in  general  by 
any  other  title  whatsoever,  are  abolished. 

4.  The  head  of  every  municipal  body  shall  bear  the  title  of 
mayor. 

5.  All  the  active  citizens  of  each  city,  borough,  parish  or 
community  may  participate  in  the  election  of  the  members  of 
the  municipal  body. 

6.  The  active  citizens  shall  meet  in  a single  assembly  in 
the  communities  where  there  are  less  than  four  thousand  in- 
habitants ; in  two  assemblies  in  the  communities  of  four  to 
eight  thousand  inhabitants ; in  three  assemblies  in  the  commun- 
ities of  eight  to  twelve  thousand  inhabitants,  and  so  on. 


LOCAL  GOVERNMENT  DECREES 


25 


7.  The  assemblies  shall  not  form  themselves  by  crafts,  pro- 
fessions, or  corporations,  but  by  quarters  or  districts. 

1 2.  The  conditions  of  eligibility  for  the  municipal  admin- 
istrations shall  be  the  same  as  for  the  department  and  dis- 
trict administrations ; nevertheless,  the  kinsmen  and  relatives 
by  marriage  in  the  degrees  of  father  and  son,  father-in-law  and 
son-in-law,  brother  and  brother-in-law,  uncle  and  nephew,  can- 
not be  at  the  same  time  members  of  the  same  municipal  body. 

13.  The  municipal  officers  and  the  notables  who  shall  be 
spoken  of  hereinafter  can  be  chosen  only  from  among  the  elig- 
ible citizens  of  the  commune. 

24.  After  the  elections,  the  active  citizens  of  the  commun- 
ity cannot  remain  assembled,  or  assemble  again  in  communal 
body,  without  an  express  convocation  ordered  by  the  general 
council  of  the  commune,  which  shall  be  spoken  of  hereinafter. 
This  council  shall  not  refuse  it,  if  it  is  requested  by  one-sixth  of 
the  active  citizens  in  the  communities  below  4,000  souls  and  by 
150  active  citizens  in  all  the  other  communities. 

25.  The  members  of  the  municipal  bodies  of  the  cities, 
boroughs,  parishes,  or  communities,  shall  be  three  in  number, 
including  the  mayor,  when  the  population  shall  be  less  than 
500  souls ; six,  including  the  mayor,  from  500  souls  to  3,000 ; 
nine  from  3,000  souls  to  10,000 ; twelve  from  10,000  to  25, 
000 ; fifteen  from  25,000  to  50,000 ; eighteen  from  50,000  to 
100,000 ; twenty-one  above  100,000  souls.  As  to  the  city  of 
Paris,  in  consequence  of  its  enormous  population,  it  shall  be 
governed  by  a special  regulation  which  shall  be  given  by  the 
National  Assembly  upon  the  same  basis  and  after  the  same 
principles  as  the  general  regulation  for  all  the  municipalities  of 
tne  kingdom. 

26.  There  shall  be  in  each  municipality  a communal  pro- 
cureur  without  deliberative  voice ; he  shall  be  charged  to  de- 
fend the  interests  and  to  prosecute  the  suits  of  the  community. 

30.  The  active  citizens  of  each  community  shall  select,  by 
a single  scrutin  de  liste  and  plurality  of  the  votes,  a number  of 
notables  double  that  of  the  members  of  the  municipal  body. 


26 


LOCAL  GOVERNMENT  DECREES 


31.  These  notables  shall  form  with  the  members  of  the 
municipal  body  the  general  council  of  the  commune  and  they 
shall  be  summoned  only  for  important  matters,  as  hereinafter 
provided. 

34.  Each  municipal  body  composed  of  more  than  three 
members  shall  be  divided  into  a council  and  a bureau. 

35.  The  bureau  shall  be  composed  of  a third  of  the  muni- 
cipal officers,  including  the  mayor  who  shall  always  make  up 
part  of  it ; the  other  two-thirds  shall  form  the  council. 

36.  The  members  of  the  bureau  shall  be  chosen  by  the 
municipal  body  every  year  and  cannot  be  re-elected  for  a sec- 
ond year. 

37.  The  bureau  shall  be  charged  with  all  executive  tasks 
and  confined  to  simple  administration.  In  the  municipalities 
reduced  to  three  members  the  execution  shall  be  entrusted  to 
tne  mayor  alone. 

38.  The  municipal  council  shall  assemble  at  least  once  per 
month ; it  shall  begin  by  agreeing  upon  the  accounts  of  the 
bureau,  when  there  is  occasion ; and  after  that  operation  is 
completed  the  members  of  the  bureau  shall  have  sitting  and 
deliberative  voice  with  those  of  the  council. 

39.  All  the  deliberations  necessary  for  the  discharge  of  the 
functions  of  the  municipal  body  shall  be  taken  in  the  united 
assembly  of  the  members  of  the  council  and  of  the  bureau, 
with  the  exception  of  deliberations  relative  to  the  closing  of 
the  accounts,  which,  as  will  be  said,  shall  be  taken  by  the  coun- 
cil alone. 

42.  The  municipal  officers  and  the  notables  shall  be  elected 
for  two  years  and  renewed  each  year  by  half. 

43.  The  mayor  shall  remain  in  service  for  two  years ; he 
can  be  re-elected  for  two  other  years ; but  following  that  it 
shall  not  be  permissible  to  elect  him  again  until  after  an  in- 
terval of  two  years. 


45.  The  election  assemblies  for  the  annual  renewals  shall 
be  held  in  all  the  kingdom  the  Sunday  following  Martinmas- 
day,  upon  the  call  of  the  municipal  officers. 


LOCAL  GOVERNMENT  DECREES 


27 


49.  The  municipal  bodies  shall  have  two  kinds  of  functions 
to  fulfill ; one  appertaining  to  the  municipal  authority ; the  other 
appertaining  to  the  general  administration  of  the  State  and 
delegated  by  it  to  the  municipalities. 

50.  The  functions  appertaining  to  the  municipal  authority, 
under  the  surveillance  and  supervision  of  the  administrative 
assemblies,  are : to  manage  the  common  possessions  and  reven- 
ues of  the  cities,  boroughs,  parishes,  and  communities ; to  con- 
trol and  to  pay  those  local  expenses  which  ought  to  be  paid  out 
f'{  the  common  funds ; to  direct  and  to  cause  to  be  executed 
the  public  works  which  are  under  the  charge  of  the  commun 
ity  ; to  administer  the  establishments  which  belong  to  the  com- 
munity and  are  maintained  out  of  its  funds  or  which  are  espec- 
ially intended  for  the  use  of  the  citizens  of  whom  it  is  com- 
posed ; to  cause  the  inhabitants  to  enjoy  the  advantages  of  a 
good  police,  especially  for  property,  health,  security,  and  tran- 
quility in  the  public  streets,  places,  and  buildings. 

51.  The  functions  appertaining  to  the  general  administra- 
tion which  can  be  delegated  to  the  municipal  bodies  in  order  to 
be  discharged  under  the  authority  of  the  administrative  assem- 
blies are:  the  apportionment  of  the  direct  taxes  among  the 
citizens  of  whom  the  community  is  composed;  the  collection  of 
these  taxes ; the  deposit  of  these  taxes  in  the  coffers  of  the  dis- 
trict or  department ; the  immediate  direction  of  the  public 
works  within  the  jurisdiction  of  the  municipality;  the  immedi- 
ate management  of  the  public  establishments  intended  for  gen- 
eral utility ; the  surveillance  and  the  agency  necesisary  for  the 
preservation  of  the  public  properties ; t'he  direct  oversight  of 
the  works  of  repair  and  reconstruction  of  the  churches,  par- 
sonages, and  other  things  related  to  the  service  of  religious 
worship. 

52.  For  the  exercise  of  the  functions  belonging  to  or  dele- 
gated to  the  municipal  bodies  Ithey  shall  have  the  right  to  make 
requisition  for  the  necessary  assistance  of  the  national  guards 
and  other  public  forces  as  shall  be  more  fully  set  forth. 

54.  The  general  council  of  the  commune,  composed  as  well 
of  the  municipal  body  as  of  the  notables,  shall  be  convoked 
whenever  the  municipal  administration  .shall  judge  it  conven- 
ient. It  cannot  dispense  with  convoking  it  when  there  is 


28 


LOCAL  GOVERNMENT  DECREES 


in  question  deliberation  upon  the  acquisitions  or  alienations  of 
immovables,  extraordinary  taxes  for  local  expenses,  loans, 
works  to  be  undertaken,  the  employment  of  the  proceeds  of 
sales,  reimbursements  or  recoveries,  suits  to  be  instituted,  even 
upon  suits  to  be  defended,  in  case  the  basis  of  the  right  shall 
be  contested. 

55.  The  municipal  bodies  shall  be  entirely  subordinate  to 
the  department  and  district  administrations  for  every  thing 
which  shall  concern  the  functions  which  they  shall  have  to  dis 
charge  by  delegation  of  the  general  administration. 

56.  As  to  the  exercise  of  the  functions  appertaining  to  the 
municipal  authority,  none  of  the  decisions  for  which  the  con- 
vocation of  the  general  council  of  the  commune  is  necessary, 
according  to  article  54  above,  can  be  executed  except  with  the 
approval  of  the  department  administration  or  directory,  which 
shall  be  given,  if  there  is  occasion,  upon  the  notification  of  the 
district  administration  or  directory. 

57.  All  the  accounts  of  the  management  of  the  municipal 
bureaus,  after  they  have  been  received  by  the  municipal  council, 
shall  be  verified  by  the  district  administration  or  directory,  and 
agreed  to  definitively  by  the  department  administration  or 
directory  upon  the  notification  of  that  of  the  district  or  of  its 
directory. 

60.  If  a citizen  believes  himself  to  be  personally  injured  by 
any  act  of  the  municipal  body,  he  may  set  forth  his  matters  of 
complaint  to  the  department  administration  or  directory,  which 
shall  do  right  therein,  upon  the  notification  of  the  district  ad- 
ministration, which  shall  be  charged  with  the  verification  of  the 
facts. 

61.  Every  active  citizen  can  subscribe  to  and  present 
against  the  municipal  officers  a denunciation  of  the  administra- 
tive offences  of  which  he  claims  that  they  have  rendered  them- 
selves guilty;  but  prior  to  carrying  this  denunciation  before 
the  tribunals,  he  shall  be  required  to  submit  it  to  the  depart- 
ment administration  or  directory,  which,  after  having  taken 
the  opinion  of  the  district  administration  or  its  directory,  shall 
send  the  denunciation,  if  there  be  need,  before  the  judges  who 
must  take  jurisdiction  of  it. 

62.  The  active  citizens  have  the  right  to  meet  peaceably  and 


LOCAL  GOVERNMENT  DECREES 


29 


without  arms  in  special  assemblies,  in  order  to  draw  up  ad- 
dresses and  petitions  to  the  municipal  body  or  to  the  depart- 
ment and  district  administrations,  or  to  the  Legislative  Body, 
or  to  the  King,  under  the  condition  of  giving  notice  to  the 
municipal  officers  of  the  time  and  the  place  of  these  assemblies, 
and  with  power  to  depute  only  ten  citizens  to  bring  and  pre- 
sent these  petitions  and  addresses. 

B.  Decree  upon  the  Departments  and  Districts.  Decem- 
ber 22,  1789.  Duvergier,  Lois,  I,  73-78. 

1.  There  shall  be  made  a new  division  of  the  kingdom  in- 
to departments,  both  for  representation  and  administration. 
These  departments  shall  be  from  seventy-five  to  eighty-five  in 
number. 

2.  Each  department  shall  be  divided  into  districts,  of 
which  the  number,  which  shall  not  be  less  than  three  nor  more 
than  nine,  shall  be  determined  by  the  National  Assembly,  ac- 
cording to  the  need  and  convenience  of  the  department,  after 
having  heard  the  deputies  of  the  provinces. 

3.  Each  district  shall  be  divided  into  divisions  called 
cantons,  of  about  four  square  leagues  (common  leagues  of 
France). 

5.  There  shall  be  established  at  the  head-town  of  each  de- 
partment a higher  administrative  assembly,  under  the  title  of 
Department  Administration. 

6.  There  shall  likewise  be  established  at  the  head-town  of 
each  district  a subordinate  administrative  assembly,  under  the 
title  of  District  Administration, 

7.  There  shall  be  a municipality  in  each  city,  borough, 
parish  or  rural  community. 

Section  II.  Of  the  formation  and  organization  of  the  ad- 
ministrative assemblies. 

1.  There  shall  be  only  one  degree  of  election  intermediate 
between  the  primary  assemblies  and  the  administrative  as- 
semblies. 

2.  After  having  selected  the  representatives  to  the  National 
Assembly,  the  same  electors  in  each  department  shall  elect  the 
members,  to  the  number  of  twenty-six,  who  shall  compose  the 
Department  Administration. 


30 


LOCAL  GOVERNMENT  DECREES 


3.  The  electors  of  each  district  shall  meet  afterwards  at  the 
head-town  of  their  district  and  shall  there  select  the  members, 
to  the  number  of  twelve,  who  shall  compose  the  District  Ad- 
ministration. 

4.  The  members  of  the  department  administration  shall  be 
chosen  from  among  the  eligible  citizens  of  all  the  districts  of 
the  department,  in  such  a manner,  however,  that  there  shall 
always  be  in  that  administration  at  least  two  members  from 
each  district. 

5.  The  members  of  . the  district  administrations  shall  be 
chosen  from  among  the  eligible  citizens  of  all  the  cantons  of 
tne  district. 

6.  In  order  to  be  eligible  to  the  district  and  department 
administrations  it  shall  be  necessary  to  unite  to  the  conditions 
requisite  for  active  citizenship  that  of  paying  a larger  direct 
tax  and  which  amounts  to  at  least  the  local  value  of  ten  days 
of  labor. 

12.  Each  administration,  whether  department  or  district, 
shall  be  permanent  and  the  members  shall  be  renewed  by  half 
every  two  years ; the  first  time  by  lot,  after  the  first  two  years 
of  service,  and  afterwards  by  order  of  seniority. 

13.  The  members  of  the  administrations  shall  thus  be  in 
office  for  four  years,  with  the  exception  of  those  who  shall  go 
out  by  lot  at  the  first  renewal  after  the  first  two  years. 

20.  Each  department  administration  shall  be  divided  into 
two  sections,  one  under  the  title  of  Department  Council,  the 
other  under  that  of  Department  Directory. 

21.  The  department  council  shall  hold  annually  one  session 
in  order  to  determine  the  regulations  for  each  part  of  the  admin- 
istration, to  order  the  public  works  and  the  general  expenses 
of  the  department,  and  to  receive  an  account  of  the  administra- 
tion of  the  directory.  The  first  session  may  be  of  six  weeks, 
and  that  of  the  following  years  of  a month  at  most. 

23.  The  members  of  each  department  administration  shall 
elect,  at  the  end  of  their  first  session,  eight  from  among  them- 
selves to  compose  the  directory;  they  shall  renew  these  every 
year  by  a half.  The  president  of  the  department  administration 


LOCAL  GOVERNMENT  DECREES 


31 


may  be  present  and  shall  have  the  right  to  preside  at  all  the 
sittings  of  the  directory,  which  may,  nevertheless,  choose  a 
vice-president. 

24.  At  the  opening  of  each  annual  session  the  department 
council  shall  begin  by  hearing,  receiving,  and  agreeing  to  the 
account  of  the  administration  of  the  directory;  afterwards  the 
members  of  the  directory  shall  take  their  seats  and  shall  have 
deliberative  voice  with  those  of  the  council. 

27.  Everything  which  is  prescribed  by  articles  22,  23,  and 
24  above,  for  the  functions,  the  form  of  election  and  of  re- 
newal, the  right  of  sitting  and  of  deliberative  voice  of  the 
members  of  the  department  directory,  shall  likewise  apply  to 
those  of  the  district  directories. 

28.  The  district  administrations  and  directories  shall  be 
entirely  subordinate  to  the  department  administrations  and 
directories. 

29.  The  district  councils  may  hold  their  annual  session  for 
only  fifteen  days  at  most  and  the  opening  of  this  session  shall 
precede  by  a month  that  of  the  department  council. 

30.  The  district  councils  can  only  look  after  the  preparation 
of  the  requests  to  be  made  and  the  matters  to  be  submitted  to 
the  department  administration  in  the  interest  of  the  district, 
arrange  for  methods  of  execution,  and  receive  the  accounts  of 
the  administration  of  their  directory. 

31.  The  district  directories  shall  be  charged  with  the  ex- 
ecution, within  the  extent  of  the  jurisdiction  of  their  district, 
under  the  direction  and  authority  of  the  department  adminis- 
tration and  of  its  directory,  and  they  cannot  cause  the  execu- 
tion of  any  orders  of  the  district  council  in  matters  of  general 
administration,  unless  approved  by  the  department  adminis- 
tration. 

Section  III.  Of  the  functions  of  the  administrative  as- 
semblies. 

1.  The  department  administrations  are  charged,  under  the 
supervision  of  the  Legislative  Body  and  in  virtue  of  its  de 
crees;  1st,  with  the  apportionment  of  all  the  direct  taxes  im- 
posed upon  each  department.  This  apportionment  shall  be 
made  by  the  department  administrations  among  the  districts  of 


32 


LOCAL  GOVERNMENT  DECREES 


their  jurisdiction  and  by  the  district  administrations  among  the 
municipalities ; 2d,  to  order  and  to  cause  to  be  made  up,  ac- 
cording to  the  forms  which  shall  be  established,  the  assessment 
rolls  of  the  taxpayers  of  each  municipality ; 3d,  to  regulate  and 
to  supervise  everything  which  relates  as  well  to  the  collection 
and  deposit  of  the  product  of  these  taxes  as  to  the  service  and 
functions  of  the  agents  who  shall  have  charge  of  them ; 4th,  to 
order  and  to  cause  to  be  executed  the  payment  of  the  expenses 
which  shall  be  allowed  in  each  department  out  of  the  product 
of  the  same  taxes. 

2.  The  department  administrations  shall  be  further 
charged,  under  the  authority  and  supervision  of  the  King,  as 
supreme  head  of  the  nation  and  of  the  general  administration 
of  the  kingdom,  with  all  the  parts  of  that  administration,  es- 
pecially with  those  which  relate  to:  1st,  the  relief  of  paupers 
and  the  police  regulation  of  mendicants  and  vagabonds ; 2d,  the 
supervision  and  improvement  of  the  management  of  hospitals. 
hotels-dieu,  charitable  establishments  and  workshops,  prisons, 
jails,  and  houses  of  correction ; 3d,  the  supervision  of  public 
education  and  political  and  moral  instruction ; 4th,  the  custody 
and  employment  of  the  funds  set  aside  in  each  department  for 
the  encouragement  of  agriculture,  industry,  and  every  form  of 
public  beneficence;  5th,  the  preservation  of  public  property; 
6th,  that  of  forests,  rivers,  roads,  and  other  public  property; 
7th,  the  direction  and  execution  of  work  for  the  making  of 
highways,  canals,  and  other  public  works  authorised  in  the 
department;  8th,  the  maintenance,  repair,  and  reconstruction 
of  the  churches,  parsonages,  and  other  things  necessary  for  the 
service  of  religious  worship ; 9th,  the  maintenance  of  the 
public  health,  security,  and  tranquility;  10th,  lastly,  the  disposal 
and  employment  of  the  national  guards,  as  shall  be  regulated 
by  special  decrees. 

3.  The  district  administrations  shall  participate  in  these 
functions  within  the  extent  of  the  jurisdiction  of  each  district 
only  under  the  interposed  authority  of  the  department  admin- 
istrations. 

4.  The  department  and  district  administrations  shall  be 
always  required  to  conform,  in  the  exercise  of  all  these  func- 
tions, to  the  regulations  established  by  the  constitution  and  to 
the  legislative  decrees  sanctioned  by  the  King. 


LOCAL  GOVERNMENT  DECREES 


33 


5.  The  decisions  of  the  department  administrative  assem- 
blies upon  all  the  matters  which  shall  concern  the  regime  of 
the  general  administration  of  the  kingdom  or  upon  new  un- 
dertakings and  extraordinary  works  can  be  executed  only  after 
having  received  the  approval  of  the  King.  The  special  authori- 
sation of  the  King  shall  not  be  necessary  with  respect  to  the 
despatch  of  the  special  matters  and  anything  which  is  carried 
out  in  virtue  of  decisions  already  approved. 

6.  The  department  and  district  administrations  shall  not  be 
able  to  establish  any  tax,  for  any  purpose  or  under  any  de- 
nomination whatsoever,  by  assessing  anyone  in  excess  of  the 
sums  and  the  time  fixed  by  the  Legislative  Body ; nor  to  make 
any  loan,  unless  authorised  by  it,  except  to  provide  for  the 
establishment  of  suitable  means  to  procure  for  themselves  the 
necessary  funds  for  the  payment  of  the  local  debts  and  ex- 
penses and  for  imperative  and  urgent  needs. 

7.  They  cannot  be  disturbed  in  the  exercise  of  their  ad- 
ministrative functions  by  any  act  of  the  judicial  power. 

8.  From  the  day  when  the  department  and  district  admin- 
istrations shall  be  formed,  the  Provincial-Estates,  the  Provin- 
cial Assemblies,  and  the  inferior  assemblies  which  exist  at  pres- 
ent shall  be  suppressed  and  shall  entirely  cease  their  functions. 

9.  There  shall  not  be  any  intermediary  between  the  de- 
partment administrations  and  the  supreme  executive  powers. 
The  abolished  commissioners,  and  the  intendants  and  their  sub- 
delegates, shall  cease  all  functions  as  soon  as  the  department 
administrations  shall  have  entered  into  service. 

10.  In  the  provinces  which  have  had  up  to  the  present  a 
common  administration  and  which  are  divided  among  several 
departments,  each  department  administration  shall  appoint  two 
commissioners  who  shall  meet  together  in  order  to  effect  the 
liquidation  of  the  debts  contracted  under  the  preceding  regime, 
to  establish  the  apportionment  of  these  debts  among  the  dif- 
ferent parts  of  the  province  and  to  put  an  end  to  these  former 
matters.  The  account  thereof  shall  be  rendered  to  an  assembly 
formed  of  four  other  commissioners  appointed  by  each  de- 
partment administration. 


34 


DECREE  ABOLISHING  NOBILITY 


8.  Decree  for  Abolishing  the  Nobility. 

June  19,  1790.  Duvergier,  Lois,  I,  217-218. 

The  Revolution  was  a social  revolution  even  more  than  a 
political  one.  On  its  social  side  it  was  marked  by  a passionate 
desire  for  equality,  i.e.,  the  removal  of  inequalities  created  or 
sanctioned  by  the  law.  This  decree  is  typical  of  many  passed  by 
the  Constituent  Assembly  for  the  purpose  of  removing  legal  sanc- 
tion for  social  inequalities. 

Reference.  Von  Sybel,  French  Revolution,  I,  238-241. 

1.  Hereditary  nobility  is  forever  abolished ; in  conse- 
quence the  titles  of  prince,  duke,  count,  marquis,  viscount, 
vidame,  baron,  knight,  mcssire,  ecuyer  noble,  and  all  other 
similar  titles,  shall  neither  be  taken  by  anyone  whomsoever 
nor  given  to  anybody. 

2.  A citizen  may  take  only  the  true  name  of  his  family; 
no  one  may  wear  liveries  nor  cause  them  to  be  worn,  nor 
have  armorial  bearings ; incense  shall  not  be  burned  in  the 
temples,  except  in  order  to  honor  the  Divinity,  and  shall  not 
be  offered  for  any  one  whomsoever. 

3.  The  titles  of  monseigneur  and  messeigneurs  shall  not  be 
given  to  any  body  [of  men]  nor  to  any  person,  likewise  the 
titles  of  excellency,  highness,  eminence,  grace,  etc. ; neverthe- 
less, no  citizen,  under  pretext  of  the  present  decree,  shall  be 
permitted  to  make  an  attack  on  the  monuments  placed  in  the 
temples,  the  charters,  titles  and  other  tokens  of  interest  to 
families  or  properties,  nor  the  decorations  of  any  public  or 
private  place ; nevertheless,  the  execution  of  the  provisions 
relative  to  the  liveries  and  the  arms  placed  upon  carriages 
shall  not  be  carried  out  nor  demanded  by  any  one  whomsoever 
before  the  14th  of  July  for  the  citizens  living  in  Paris  and  be- 
fore three  months  for  those  who  inhabit  the  country. 

4.  No  foreigners  are  included  in  the  provision  of  the  pres- 
ent decree ; they  may  preserve  in  France  their  liveries  and 
their  armorial  bearings. 


9.  Decree  for  Reorganizing  the  Judicial  System. 

August  16,  1790.  Duvergier,  Lois,  I,  310-333. 

One  of  the  worst  features  of  the  Old  Regime  was  its  system 
for  administering  justice.  This  document,  better  than  any  other 


JUDICIAL  SYSTEM  DECREE 


35 


one,  exhibits  the  work  of  the  Constituent  Assembly  in  the  field 
of  judicial  reform.  Other  important  decrees  are  those  of  October 
8 and  9,  1789.  and  of  September  16  and  25,  1791,  unfortunately 
too  long  to  be  included  here. 

References.  Stephens,  French  Revolution,  I,  284-288 ; La- 
visse  and  Rambaud,  Histoire  Generate,  VIII,  84-85,  494-497. 

TITLE  I.  OF  THE'  ARBITERS. 

I.  Arbitration  being  the  most-  reasonable  means  for  the 
termination  of  disputes  between  citizens,  the  legislatures  shall 
not  make  any  provision  which  shall  tend  to  diminish  either  the 
popularity  or  the  efficiency  of  the  comprontis. 


TITLE  II.  OF  THE  JUDGES  IN  GENERAL. 

1.  Justice.-  shall  be  rendered  in  the  name  of  the  King. 

2.  The  sale  of  judicial  offices  is  abolished  forever;  the 
judges  shall  render  justice  gratuitously  and  shall  be  salaried 
by  the  State. 

3.  The  judges  shall  be  elected  by  the  justiciable. 

4.  They  shall  be  elected  for  six  years ; at  the  expiration  of 
this  term  a new  election  shall  take  place,  in  which  the  same 
judges  may  be  re-elected. 


12.  They  shall  not  make  regulations,  but  they  shall  have 
recourse  to  the  legislative  body,  whenever  they  think  necessary, 
either  to  interpret  a law  or  to  make  a new  one. 

13.  The  judicial  functions  are  distinct  and  shall  always 
remain  separated  from  the  administrative  functions.  The 
judges,  under  penalty  of  forfeiture,  shall  not  disturb  in  any 
manner  whatsoever  the  operations  of  the  administrative  bodies, 
nor  cite  before  them  the  administrators  on  account  of  their 
functions. 

14.  In  every  civil  or  criminal  matter,  the  pleadings,  testi- 
mony, and  decisions  shall  be  public,  and  every  citizen  shall 
have  the  right  to  himself  defend  his  own  case,  either  verballv 
or  in  writing. 

15.  Trial  by  jury  shall  occur  in  criminal  matters;  the  ex- 
amination shall  be  made  publicly  and  shall  have  the  publicity 
which  shall  be  determined. 

.16.  All  privilege  in  matters  of  jurisdiction  is  abolished ; all 


36 


JUDICIAL  SYSTEM  DECREE 


citizens,  without  distinction,  shall  plead  in  the  same  form  and 
before  the  same  judges  in  the  same  cases. 

1 7.  The  constitutional  order  of  the  jurisdictions  shall  not 
be  disturbed,  nor  the  justiciable  removed  from  their  natural 
judges  by  any  commission,  nor  by  other  attributions  or  evo- 
cations than  those  which  are  determined  by  the  law. 

18.  All  citizens  being  equal  before  the  law,  and  every  pref- 
erence for  rank  and  the  turn  to  be  tried  being  an  injustice,  all 
suits,  according  to  their  nature,  shall  be  tried  when  they  have 
been  examined  in  the  order  in  which  their  trial  shall  have  been 
applied  for  by  the  parties. 

19.  The  civil  laws  shall  be  reviewed  and  reformed  by  the 
legislatures ; and  there  shall  be  made  a general  code  of  laws 
that  are  simple,  clear,  and  in  harmony  with  the  constitution. 

20.  The  Code  of  civil  procedure  shall  be  reformed  forth- 
with in  such  a manner  that  it  may  be  rendered  more  simple, 
more  expeditious,  and  less  expensive. 

21.  The  Penal  Code  shall  be  reformed  forthwith  in  such 
a manner  that  the  penalties  may  be  proportionate  to  the  of- 
fences ; taking  good  care  that  they  be  moderate  and  not  losing 
sight  of  that  maxim  of  the  declaration  of  the  rights  of  man 
that  the  law  can  establish  only  penalties  which  are  strictly  and 
evidently  necessary. 

TITLE  III.  OF  THE  JUSTICES  OF  THE  PEACE. 

I.  There  shall  be  in  each  canton  a justice  of  the  peace  and 
upright  assessors  of  the  justice  of  the  peace. 

3.  The  justices  of  the  peace  may  be  chosen  only  from 
among  the  citizens  eligible  to  the  department  and  district  ad- 
ministrations, fully  thirty  years  of  age,  without  any  other  con- 
dition of  eligibility. 

4.  The  justices  of  the  peace  shall  be  elected,  with  individ- 
ual ballot  and  majority  of  the  votes,  by  the  active  citizens  met 
in  primary  assemblies. 

6.  The  same  electors  shall  select  from  among  the  active 
citizens  of  each  municipality,  by  scrutin  de  liste  and  plurality, 
four  notables  to  perform  the  duties  of  assessors  of  the  justice 
of  the  peace.  This  justice  shall  call  upon  those  who  shall  be 


JUDICIAL  SYSTEM  DECREE 


37 


selected  in  the  municipality  of  the  place  where  there  is  need 
for  their  assistance. 

8.  The  justices  of  the  peace  and  the  upright  men  shall  be 
selected  for  two  years  and  may  be  continued  by  re-election. 

9.  The  justice  of  the  peace,  assisted  by  two  assessors,  shall 

have  jurisdiction  with  them  over  all  cases  dealing  solely  with 
persons  and  personal  property,  without  appeal  up  to  the  value 
of  fifty  livres  and  subject  to  appeal  up  to  the  value  of  a hun- 
dred limes.  . . . The  legislatures  shall  not  raise  the 

amount  of  this  competency. 

10.  He  has  jurisdiction,  likewise,  without  appeal  up  to  the 
value  of  fifty  limes  and  subject  to  appeal  at  whatever  value 
the  complainant  can  prove. 

. . . [Here  follow  six  classes  of  additional  civil  ac- 

tions.] 

12.  The  appeal  from  the  judgments  of  the  justice  of  the 
peace,  when  they  are  subject  to  appeal,  shall  be  carried  before 
the  judges  of  the  district  and  tried  by  them  in  the  last  resort 
in  audience  and  summarily  upon  the  simple  writ  of  appeal. 

TITLE  IV.  OF  THE  JUDGES  OF  FIRST  INSTANCE. 

I.  There  shall  be  established  in  each  district  a tribunal 
composed  of  five  judges,  with  whom  there  shall  be  an  officer 
charged  with  the  functions  of  the  public  ministry.  The  sub- 
stitutes for  them  shall  be  four  in  number,  of  whom  two  at 
least  shall  be  taken  from  within  the  city  of  the  establishment 
or  required  to  reside  in  it. 

4.  The  district  judges  shall  have  jurisdiction  in  the  first 
instance  over  all  personal,  real  estate,  and  mixed  suits  of  every 
kind,  except  only  those  which  have  been  declared  above  to  be 
within  the  jurisdiction  of  the  justices  of  the  peace,  commercial 
suits  in  the  districts  where  there  are  no  commercial  tribunals 
established,  and  the  litigious  affairs  of  the  municipal  police 

5.  The  district  judges  have  jurisdiction  in  first  and  last  re- 
sort over  all  suits  involving  persons  and  personal  property,  up 
to  the  value  of  a thousand  livres  of  principal,  and  over  real 


38 


JUDICIAL/  SYSTEM  DECREE 


estate  suits  of  which  the  chief  item  shall  be  of  fifty  livres  of 
fixed  revenue,  either  in  income  or  in  lease  price. 


TITLE  V.  OF  THE  JUDGES  OF  APPEAL. 

I.  The  district  judges  shall  be  judges  of  appeal  with  re- 
spect to  each  other,  according  to  the  relations  which  shall 
be  established  in  the  following  articles. 


TITLE  X.  OF  THE  PEACE  BUREAUX  AND  THE  FAMILY  TRIBUNAL. 

1.  In  all  matters  which  shall  exceed  the  competency  of  the 
justice  of  the  peace,  this  justice  and  his  assessors  shall  form  a 
bureau  of  peace  and  conciliation. 

2.  No  principal  action  in  civil  matters  shall  be  received 
before  the  district  judges  between  parties  who  shall  all  be 
domiciled  in  the  jurisdiction  of  the  same  justice  of  the  peace, 
whether  in  the  city  or  in  the  country,  unless  the  plaintiff  gives 
at  the  head  of  his  writ  a copy  of  the  certificate  of  the  peace 
bureau  attesting  that  his  opponent  has  been  summoned  to  no 
purpose  to  this  bureau  or  that  it  has  employed  its  mediation 
without  result. 

12.  If  any  dispute  arises  between  husband  and  wife,  father 
and  son,  grand-father  and  grand-son,  brothers  and  sisters, 
nephews  and  uncles,  or  between  kinsmen  of  the  above  degrees, 
as  also  between  pupils  and  their  tutors  in  matters  relative  to 
their  tutelage,  the  parties  shall  be  required  to  appoint  kinsmen 
or,  in  their  default,  friends  or  neighbors,  as  arbiters  before 
whom  they  shall  explain  their  difference  and  who,  after  hav- 
ing heard  them  and  having  obtained  the  necessary  knowledge, 
shall  render  a decision  which  includes  a statement  of  the  rea- 
sons for  it. 

13.  Each  of  the  parties  shall  select  two  arbiters ; and  if  one 
of  them  refuses,  the  other  may  apply  to  the  judge,  who,  after 
having  authenticated  the  refusal,  shall  appoint  official  arbiters 
for  the  refusing  party.  When  the  four  arbiters  find  themselves 
divided  in  opinion  they  shall  choose  an  umpire  to  remove  the 
division. 

14.  The  party  which  believes  itself  injured  by  the  arbitral 


LETTER  TO  FOREIGN  COURTS 


J9 


decision  may  appeal  to  the  district  tribunal,  which  shall  pro- 
nounce in  the  last  resort. 

TITLE  XI.  OF  THE  JUDGES  IN  THE  MATTERS  OF  POLICE. 

I.  The  municipal  bodies  within  the  precincts  of  each  mu- 
nicipality shall  look  to  and  supervife  the  execution  of  the  laws 
and  the  police  regulations  and  shall  have  jurisdiction  over  the 
litigation  to  which  this  execution  may  give  rise. 

5.  Contraventions  of  the  police  regulations  shall  be  pun- 
ished only  by  one  of  these  two  penalties,  either  by  condemna- 
tion to  a pecuniary  penalty  or  imprisonment  by  way  of  cor- 
rection for  a time  which  in  the  most  serious  cases  shall  not  ex- 
ceed three  days,  in  the  country  and  eight  days  in  the  cities. 

6.  Appeals  from  the  judgments  in  police  matters  shall  be 
carried  to  the  tribunal  of  the  district  and  these  judgments 
shall  be  executed  provisionally,  notwithstanding  the  appeal 
and  without  prejudice  to  it. 

TITLE  XII.  OF  THE  JUDGES  IN  MATTERS  OF  COMMERCE. 

1.  There  shall  be  established  a commercial  tribunal  in  the 
cities  where  the  department  administration,  deeming  these  es- 
tablishments necessary,  shall  frame  a request  for  them. 

2.  This  tribunal  shall  have  jurisdiction  of  all  commercial 
suits,  both  by  land  and  sea,  without  distinction. 

7.  The  commercial  judges  shall  be  elected  in  the  assembly 
of  the  merchants,  bankers,  traders,  manufacturers,  ship-owners 
and  ship-captains  of  the  city  where  the  tribunal  is  established. 


10.  Circular  Letter  of  Louis  XVI  to  Foreign  Courts. 

April  23,  1791.  Archives  Parlementaires,  XXV,  312-313. 


On  April  IS,  1791,  Louis  XVI  was  prevented  from  going  to 
St.  Cloud  by  the  Paris  crowds,  who  feared  that  he  was  trying  to 
escape  from  the  capital.  This  document,  communicated  to  the 
Constituent  Assembly  as  weli  as  to  the  foreign  courts,  was  ob- 
viously intended  to  quiet  these  fears  and  to  conceal  the  King’s 
preparations  for  flight.  In  connection  with  No.  12  A it  did  much 
to  establish  a firm  belief  in  the  King's  insincerity.  The  views 


40 


LETTER  TO  FOREIGN  COURTS 


expressed,  though  certainly  not  the  real  views  of  the  King,  are  of 
interest,  as  substantially  those  of  Frenchmen  loyal  to  the  King 
and  the  Revolution  alike. 

Reference.  Aulard,  Revolution  Francaise,  116-117. 

The  King  charges  me  to  inform  you  that  it  is  his  most 
express  wish  that  you  should  make  known  his  sentiments  upon 
the  French  Revolution  and  Constitution  at  the  court  where  you 
reside.  The  ambassadors  and  ministers  of  France  at  all  the 
courts  of  Europe  are  receiving  the  same  directions,  in  order 
that  there  may  not  remain  any  doubt  about  the  intentions  of 
His  Majesty,  or  about  the  free  acceptance  which  he  has  given 
to  the  new  form  of  government,  or  about  his  irrevocable  oath 
to  maintain  it. 

His  Majesty  convoked  the  States-General  of  the  kingdom 
and  determined  in  his  Council  that  the  Commons  should  have 
in  it  a number  of  deputies  equal  to  that  of  the  other  two  orders 
which  then  existed.  This  act  of  provisional  legislation,  which 
the  obstacles  of  the  moment  did  not  permit  to  be  made  more 
favorable,  announced  sufficiently  the  desire  of  His  Majesty  to 
re-establish  the  nation  in  all  of  its  rights. 

The  States-General  met  and  took  the  title  of  National  As- 
sembly; soon  a Constitution,  qualified  to  secure  the  welfare  of 
France  and  of  the  monarch,  replaced  the  former  order  of 
things,  in  which  the  apparent  power  of  the  kingship  only  con- 
cealed the  actual  power  of  certain  aristocratic  bodies. 

The  National  Assembly  adopted  the  form  of  representative 
government  in  conjunction  with  hereditary  kingship.  The  leg- 
islative body  was  declared  permanent;  the  election  of  clergy- 
men, administrators,  and  judges  was  made  over  to  the  people, 
the  executive  power  was  conferred  upon  the  King,  the  form- 
ation of  the  law  upon  the  Legislative  Body,  and  the  sanction 
upon  the  monarch.  The  public  force,  both  internal  and  extern- 
al, was  organized  upon  the  same  principles  and  in  accordance 
with  the  fundamental  basis  of  the  distinction  of  the  powers : 
such  is  the  new  Constitution  of  the  kingdom. 

What  is  called  the  Revolution  is  only  the  abolition  of  a mul- 
titude of  abuses  accumulated  in  the  course  of  centuries  through 
the  error  of  the  people  or  the  authority  of  the  ministers,  which 
has  never  been  the  authority  of  the  King.  These  abuses  were 
not  less  disastrous  to  the  monarch  than  to  the  nation ; under  wise 


LETTER  TO  FOREIGN  COURTS 


41 


reigns  authority  had  not  ceased  to  attack  these  abuses,  but  was 
not  able  to  destroy  them.  They  no  longer  exist ; the  sovereign 
nation  has  no  longer  any  but  citizens  equal  in  rights,  no  despot 
but  the  law,  no  organs  except  the  public  functionaries,  and  the 
King  is  the  first  of  these  functionaries : such  is  the  French 
Revolution. 

It  was  bound  to  have  as  enemies  all  those  who  in  the  first 
moment  of  error,  on  account  of  personal  advantage,  mourned 
for  the  abuses  of  the  former  government.  From  this  comes 
the  apparent  division  which  has  manifested  itself  within  the 
kingdom,  but  which  is  enfeebled  each  day ; from  this,  also,  per- 
haps, come  some  severe  and  exceptional  laws  which  time  will 
correct;  but  the  King,  whose  real  power  is  inseparable  from 
that  of  the  nation,  who  has  no  other  ambition  than  the  wel- 
fare of  the  nation  nor  any  real  authority  other  than  that  which 
is  delegated  to  him ; the  King  was  bound  to  agree  without  hes- 
itation to  a happy  Constitution  which  would  regenerate  at  one 
and  the  same  time  his  authority,  the  nation,  and  the  monarchy. 
He  has  retained  all  his  authority,  except  the  redoubtable  power 
to  make  the  laws;  he  remains  in  charge  of  the  negotiations 
with  foreign  powers,  the  task  of  defending  the  kingdom  and 
of  repulsing  its  enemies;  but  the  French  nation  henceforth  will 
not  have  any  enemies  abroad  except  its  aggressors.  It  no 
longer  has  internal  enemies  except  those  who,  still  nourishing 
foolish  hopes,  believe  that  the  will  of  24,000,000  men  entered 
again  upon  their  natural  rights,  after  having  organized  the 
kingdom  in  such  a manner  that  only  the  memory  of  the  old 
forms  and  former  abuses  remains,  is  not  an  immovable  and  ir 
revocable  Constitution. 

The  most  dangerous  of  these  enemies  are  those  who  seek 
to  spread  doubts  as  to  the  intentions  of  the  monarch : these 
men  are  indeed  culpable  or  blind ; they  believe  themselves  the 
friends  of  the  King;  they  are  the  only  enemies  of  the  mon- 
archy; they  would  have  deprived  the  monarch  of  the  love  and 
confidence  of  a great  nation,  if  his  principles  and  probity  had 
been  less  known.  Ah ! What  has  the  King  not  done  to  show 
that  he  counts  both  the  French  Revolution  and  the  Constitution 
among  his  titles  to  glory.  After  having  accepted  and  sanc- 
tioned all  the  laws  he  has  not  neglected  any  means  to  cause 
them  to  be  executed.  Even  in  the  month  of  February  last  in 


42 


LETTER  TO  FOREIGN  COURTS 


the  midst  of  the  National  Assembly,  he  promised  to  maintain 
them : he  took  an  oath  thereto  in  the  presence  of  the  general 
federation  of  the  kingdom.  Honored  with  the  title  of  Restorer 
of  French  Liberty,  he  will  transmit  more  than  a crown  to  his 
son : he  will  transmit  to  him  a constitutional  monarchy. 

The  enemies  of  the  Constitution  do  not  cease  to  repeat  that 
the  King  is  not  happy,  as  if  there  could  be  for  the  King  any 
other  happiness  than  that  of  the  people ! They  say  that  his 
authority  is  dishonored ; as  if  authority  founded  upon  force 
was  not  lass  powerful  and  more  uncertain  than  the  authority  of 
the  law ! In  fine,  that  the  King  is  not  free : an  atrocious 
calumny,  if  it  is  supposed  that  his  will  could  be  forced ; an 
absurd  one,  if  they  take  as  lack  of  liberty  the  consent  that 
His  Majesty  has  several  times  expressed  to  remain  in  the  midst 
of  the  citizens  of  Paris,  a consent  which  he  was  bound  to  con- 
cede to  their  patriotism,  even  to  their  fears,  and  especially  to 
their  love. 

These  calumnies,  however,  have  penetrated  even  into  foreign 
courts;  they  have  been  repeated  there  by  Frenchmen  who  have 
voluntarily  exiled  themselves  from  their  fatherland,  instead 
ot  sharing  its  glory,  and  who,  if  they  are  not  its  enemies,  have 
at  least  abandoned  their  posts  as  citizens.  The  King  charges 
you,  sir,  to  defeat  their  intrigues  and  their  plans.  These  same 
calumnies,  in  spreading  false  ideas  about  the  French  Revolu- 
tion, have  caused  the  intentions  of  French  travelers  to  be  sus- 
pected among  several  neighboring  nations ; and  the  King  es- 
pecially recommends  that  you  protect  and  defend  them.  Give, 
sir,  the  idea  of  the  French  Constitution  which  the  King  him- 
self has  formed ; do  not  allow  there  to  be  any  doubt  about  the 
intention  of  His  Majesty  to  maintain  it  with  all  his  power. 
In  assuring  the  liberty  and  equality  of  the  citizens,  that  Consti- 
tution founds  the  national  prosperity  upon  the  most  enduring 
basis ; it  consolidates  the  royal  authority  through  the  laws ; 't 
forestalls  by  a glorious  revolution  the  revolution  which  the 
abuses  of  the  former  government  would  have  soon  caused  to 
break  forth,  thus  causing  perhaps  the  dissolution  of  the  Em- 
pire. Finally,  it  will  be  the  happiness  of  the  King.  The  task 
of  justifying  it,  of  defending  it,  and  of  taking  it  for  the  rule  of 
your  conduct,  must  be  your  first  duty. 

I have  already  expressed  several  times  the  sentiments  of 


INDUSTRIAL  CORPORATIONS  DECREE 


43 


His  Majesty  in  this  matter;  but  after  what  has  been  reported 
to  him  of  the  opinion  which  is  sought  to  be  established  in  for- 
eign countries  upon  what  has  taken  place  in  France,  he  has 
ordered  me  to  charge  you  to  communicate  the  contents  of  this 
letter  to  the  court  at  which  you  are;  and  in  order  to  give  it  the 
utmost  publicity,  His  Majesty  has  just  ordered  the  printing 
of  it. 

Signed,  Montmorin. 

Paris,  April  23,  1791. 


11.  Decree  for  Abolishing  the  Industrial  Corporations. 

June  14,  1791.  Drtvergier,  Lois,  III,  22. 

By  a decree  of  March  2,  1791,  the  Constituent  Assembly  abol- 
ished all  of  the  vocation  monopolies  of  the  Old  Regime  and  laid 
down  the  principle  that  “every  person  shall  be  free  to  engage  in 
such  business  or  to  practice  such  profession,  art  or  craft  as  he 
shall  find  profitable.”  This  document  is  the  complement  of  that 
decree.  In  it  may  be  seen  the  intense  feeling  against  the  old  vo- 
cation monopolies  and  the  determination  to  secure  an  absolutely 
free  field  for  individual  activity. 

1.  The  suppression  of  all  sorts  of  corporations  of  the  cit- 
izens of  the  same  calling  and  profession  being  one  of  the  fun- 
damental bases  of  the  French  Constitution,  the  re-establishment 
of  them  under  any  pretext  or  any  form  whatsoever  is  forbid- 
den. 

2.  Citizens  of  a like  calling  or  profession,  employers,  shop- 
keepers, workers  and  journeymen  of  a certain  trade,  shall  not, 
when  they  shall  meet  together,  name  a president,  or  secretaries, 
or  syndics,  nor  keep  registers,  nor  pass  resolutions  or  make 
decisions,  nor  form  regulations  for  their  so-called  common  in- 
terests. 

3.  All  the  administrative  or  municipal  bodies  are  forbidden 
to  receive  any  address  or  petition  under  the  denomination  of  a 
calling  or  profession  or  to  make  any  response  to  such  ; and  they 
are  enjoined  to  declare  void  the  deliberations  which  may  have 
been  taken  in  that  manner  and  to  see  to  it  carefully  that  no 
effect  or  execution  be  given  to  them. 

4.  If,  contrary  to  the  principles  of  liberty  and  the  consti- 
tution, citizens  engaged  in  the  >same  professions,  arts  and  crafts. 


44 


INDUSTRIAL  CORPORATIONS  DECREE 


should  hold  deliberations  or  should  make  among  themselves 
agreements  which  aim  at  refusing  in  concert  or  granting  only 
at  a settled  price  the  assistance  of  their  skill  or  their  labors, 
the  said  decisions  and  agreements,  whether  accompanied  by 
an  oath  or  not,  are  declared  unconstitutional,  attacks  upon  lib- 
erty and  the  declaration  of  the  rights  of  man,  and  of  no  effect ; 
the  administrative  and  municipal  bodies  shall  be  required  to 
declare  them  such.  The  authors,  leaders  and  instigators  who 
shall  have  provoked,  drafted,  or  presided  over  them  shall  be 
cited  before  the  police  tribunal,  at  the  request  of  the  procureur 
of  the  commune,  condemned  to  a fine  of  five  hundred  livres 
each  and  suspended  from  all  the  rights  of  active  citizenship  and 
of  entrance  into  the  primary  assemblies. 

5.  All  administrative  and  municipal  bodies  are  forbidden, 
on  penalty  of  their  members  responding  for  it  in  their  own 
names,  to  employ,  to  admit  or  suffer  to  be  admitted  to  the 
labors  of  their  professions  in  any  public  works  those  of  the 
employers,  workers,  and  journeymen  who  shall  have  suggested 
or  signed  the  said  deliberations  or  agreements,  except  in  case 
they  have  of  their  own  motion  presented  themselves  at  the 
clerk’s  office  of  the  police  tribunal  in  order  to  retract  or  dis- 
avow them. 

6.  If  the  said  deliberations  or  summons,  posted  placards 
or  circular  letters,  contain  any  threats  against  the  employers, 
artisans,  workers,  or  foreign  journeymen  who  shall  come  to 
work  in  the  place,  or  against  those  who  shall  content  them- 
selves with  a lower  compensation,  all  authors,  instigators,  and 
signatories  of  the  documents  or  writings  shall  be  punished  by 
a fine  of  a thousand  livres  each  and  three  months  in  prison. 

7.  Those  who  shall  use  threats  or  violence  against  workers 
who  use  the  liberty  granted  by  the  constitutional  laws  to  labor 
and  skill  shall  be  prosecuted  in  a criminal  way  and  punished, 
according  to  the  severity  of  the  laws,  as  disturbers  of  the  pub- 
lic peace. 

8.  All  mobs  composed  of  artisans,.,  workers,  journeymen, 
day  laborers,  or  those  incited  by  them  against  the  free  exer- 
cise of  skill  and  labor,  appertaining  to  every  sort  of  person  and 
under  every  kind  of  condition,  arranged  by  mutual  agreement, 
or  against  the  action  of  the  police  and  the  execution  of  the 
judgments  rendered  in  this  matter,  as  well  as  against  public 


THE  KING'S  FLIGHT 


45 


sales  and  auctions  of  various  enterprises,  shall  be  deemed  se- 
ditious mobs  and  as  such  shall  be  dispersed  by  the  depositories 
of  the  public  force,  upon  the  legal  requisition  which  shall  be 
made  upon  them,  and  punished  according  to  all  the  severity  of 
the  laws  concerning  the  authors,  instigators  and  leaders  of  the 
said  mobs,  and  all  those  who  shall  have  committed  the  real 
acts  and  deeds  of  violence. 


12.  Documents  upon  the  King’s  Flight. 


The  flight  of  Louis  XVI  to  Varennes  was  one  of  the  most  de- 
cisive events  of  the  Revolution.  Historical  interest  in  it  lies 
mainly  along  two  lines.  (1)  It  inspired  a widespread  distrust  of 
the  King  which  none  of  his  subsequent  professions  or  actions  were 
able  to  remove.  (2)  The  absence  of  the  King  from  Paris  forced 
upon  the  Constituent  Assembly  the  task  of  devising  a temporary 
government ; the  regime  then  established  had  a large  influence  in 
determining  the  form  of  government  employed  after  his  deposition 
in  1792.  Document  A,  which  -was  left  to  be  read  after  he  had 
gone  from  Paris,  in  conjunction  with  No.  10,  throws  light  upon 
the  first  of  these.  The  remaining  documents  exhibit  the  character 
of  the  temporary  government. 

References.  Stephens,  French  Revolution,  I,  Ch.  sv ; Aulard, 
Revolution  Francaisc,  Part  I,  Ch.  v. 

A.  The  King’s  Declaration.  June  20,  1791.  Euchez  and 
Roux,  Histoire  Parlementaire,  X,  269-274. 

As  long  as  the  King  was  able  to  hope  to  see  order  and  well- 
being rise  again  through  the  means  employed  by  the  National 
Assembly  and  by  his  residence  near  that  Assembly,  no  sacrifice 
was  too  expensive ; he  would  not  have  even  drawn  any  infer- 
ence from  the  lack  of  liberty,  of  which  he  has  been  deprived 
since  the  month  of  October,  1789 ; but  today  when  the  result  of 
all  the  operations  is  to  see  the  monarchy  destroyed,  property 
violated,  the  security  of  persons  compromised,  in  all  parts  of 
the  empire  a complete  anarchy,  without  any  appearance  of  au- 
thority sufficient  to  arrest  it,  the  King,  after  having  protested 
against  all  the  acts  emanating  from  him  during  his  captivity, 
believes  that  he  ought  to  put  before  the  eyes  of  the  French  a 
representation  of  his  conduct. 

In  the  month  of  July,  1789,  the  King,  secure  in  his  con- 
science, did  not  fear  to  come  among  the  Parisians.  In  the 
month  of  October  of  the  same  year,  warned  by  the  movements 


46 


THE  KING’S  FLIGHT 


of  the  factious,  he  feared  that  they  would  make  a pretence  of 
his  departure  to  stir  up  civil  war.  Everybody  is  aware  of  the 
impunity  with  which  crimes  were  then  committed.  The  King, 
yielding  to  the  view  expressed  by  the  army  of  the  Parisians, 
came  to  establish  himself  at  the  chateau  of  the  Tuileries.  Noth- 
ing was  ready  to  receive  him ; and  the  King,  very  far  from 
finding  the  accommodations  to  which  he  was  accustomed  in  his 
other  residences,  did  not  even  meet  with  the  comforts  which 
persons  in  easy  circumstances  procure  for  themselves. 

Despite  all  the  constraints,  he  believed  that  he  ought  from 
the  morrow  of  his  arrival  to  reassure  the  provinces  about  his 
sojourn  at  Paris.  A more  painful  sacrifice  was  reserved  for 
him : he  was  required  to  send  away  his  body  guards,  whose 
fidelity  he  had  proven.  Two  had  been  massacred,  several  had 
been  wounded  in  carrying  out  the  order  not  to  fire  which  they 
had  received.  Every  art  of  the  factious  was  employed  to 
cause  to  be  considered  in  a bad  light  a faithful  wife  who1  was 
about  to  fill  up  the  measure  of  her  good  conduct:  it  is  like- 
wise evident  that  all  the  machinations  were  directed  against 
the  King  himself.  It  was  to  the  soldiers  of  the  French  guards 
and  to  the  Parisian  National  Guard  that  the  protection  of  the 
King  was  confided,  under  the  orders  of  the  municipality  of 
Paris,  from  which  the  commanding  general  took  his  place. 

The  King  is  thus  seen  a prisoner  in  his  own  dominions , for 
how  could  one  be  called  otherwise  who  saw  himself  forcibly 
surrounded  by  persons  whom  he  suspects  ; it  is  not  in  order  to 
inculpate  the  Parisian  National  Guard  that  I recall  these  de- 
tails , but  in  order  to  relate  the  exact  truth ; on  the  contrary, 
I render  justice  to  its  attachment  when  it  has  not  been  led 
astray  by  the  factious.  The  King  ordered  the  convocation  of 
the  States-General,  he  granted  to  the  Third  Estate  a double 
representation ; the  union  of  the  orders,  the  sacrifices  of  the 
twenty-third  of  June,  all  that  was  his  work;  but  his  services 
have  been  misunderstood  and  misconstrued.  The  moment  when 
the  States-General  gave  itself  the  name  of  National  Assembly, 
recalls  the  maneuvers  of  the  factious  in  several  provinces ; it 
recalls  the  movements  which  have  been  effected  in  order  to 
nullify  the  provision  of  the  cahiers,  which  provided  that  the 
drawing  up  of  the  laws  should  be  done  in  concert  with  the 
King.  The  Assembly  has  put  the  King  outside  of  the  con- 


THE  KING’S  FLIGHT 


47 


stitution,  in  refusing  to  him  the  right  to  sanction  the  consti- 
tutional acts,  in  arranging  in  that  class  those  which  it  was 
pleased  to  arrange  there,  and  in  limiting  to  the  third  legisla- 
ture in  any  case  refusal  of  sanction.  They  gave  him  25,000,000 
which  are  entirely  consumed  by  the  expense  that  the  pomp 
necessary  for  his  household  requires.  They  left  to  him  the  use 
of  certain  domains  with  embarrassing  restrictions,  thus  depriv- 
ing him  of  the  patrimony  of  his  ancestors ; they  took  care  not 
to  include  in  his  expenses  the  services  rendered  to  the  King, 
as  if  they  were  not  inseparable  from  those  rendered  to  the 
State.  Let  one  examine  the  different  points  of  the  administra- 
tion and  he  will  see  that  the  King  is  removed  from  it : he  has 
no  part  in  the  making  of  the  laws ; he  can  only  pray  the  As- 
sembly to  occupy  itself  with  such  and  such  things.  As  to  the 
administration  of  justice,  he  only  causes  the  decrees  of  the 
judges  to  be  forwarded  and  appoints  the  commissioners  of  the 
King,  whose  functions  are  indeed  less  considerable  than  those 
of  the  former  procureurs-generaux.  The  public  prosecution 
has  been  devolved  upon  new  officers.  There  remained  one  last 
prerogative,  the  most  attractive  of  all,  that  of  pardon  and  of 
commuting  penalties ; you  have  taken  it  away  from  the  King, 
it  is  now  the  jurors  who  have  it,  applying  according  to  their 
will  the  sense  of  the  law.  This  diminishes  the  royal  majesty; 
the  people  were  accustomed  to  have  recourse  there  as  to  a com- 
mon centre  of  bounty  and  beneficence.  The  internal  admin- 
istration within  the  departments  is  embarrassed  by  wheels 
which  clog  the  movement  of  the  machine ; the  supervision  of 
the  ministers  is  reduced  to  nothing. 

The  societies  of  the  Friends  of  the  Constitution  are  indeed 
stronger  and  render  null  all  other  actions.  The  King  has  been 
declared  supreme  head  of  the  army,  nevertheless  all  the  bus- 
iness has  been  done  by  the  committees  of  the  National  As- 
sembly without  my  participation ; they  have  granted  to  the 
King  the  appointment  to  certain  places,  yet  the  choice  which 
he  has  made  has  experienced  opposition ; he  has  been  obliged 
to  revise  the  employment  of  the  general  officers  of  the  army, 
because  the  choices  were  displeasing  to  the  clubs ; it  is  to  these 
alone  that  the  greater  part  of  the  revolts  of  the  regiments  ought 
to  be  attributed ; when  the  army  no  longer  respects  the  officers, 
it  is  the  terror  and  scourge  of  the  State ; the  King  has  always 


48 


THE  KING'S  FLIGHT 


thought  that  the  officers  ought  to  be  punished  as  the  soldiers 
are,  and  that  the  aoors  ought  to  be  open  to  these  latter  to  ob- 
tain promotions,  according  to  their  merit.  As  to  foreign  affairs, 
they  have  conceded  to  the  King  the  appointment  of  the  ambas- 
sadors and  the  conduct  of  the  negotiations ; they  have  taken 
away  from  him  the  right  to  make  war ; nevertheless  they  could 
not  suspect  that  he  would  declare  it  without  announcing  its 
purpose.  The  right  to  make  peace  is  of  a wholly  different  kind. 
The  King  does  not  wish  to  act  except  at  one  with  the  nation, 
but  what  power  will  wi'sh  to  enter  into  negotiations,  when 
the  right  of  revision  is  granted  to  the  National  As- 
sembly? Independently  of  the  required  secrecy,  impossible  to 
preserve  in  an  assembly  necessarily  deliberating- in  public,  they 
still  like  to  treat  only  with  a person  who  can,  without  any  in- 
terference, conclude  the  contract.  As  to  the  finances,  the  King 
had  recognized,  prior  to  the  States-General,  the  right  of  the 
nation  to  grant  the  subsidies,  and  in  this  respect  he  had  granted 
on  the  23rd  of  June  all  that  had  been  demanded.  On  the  1st 
of  February,  the  King  prayed  the  Assembly  to  occupy  itself 
with  the  finances ; it  did  so  only  slowly ; it  has  not  yet  the  ex- 
act list  of  receipts  and  expenditures ; it  has  allowed  itself  to 
proceed  upon  hypothetical  calculations ; the  ordinary  taxation 
is  in  arrears  and  the  resource  of  twelve  hundred  millions  of 
assignats  is  almost  consumed ; it  has  left  to  the  King,  in  this 
matter,  only  barren  appointments  ; he  knows  the  difficulty  of  this 
administration ; and  if  it  were  possible  that  this  machine  could 
go  on  without  his  direct  supervision,  his  majesty  would  only 
regret  that  he  could  not  diminish  the  imposts  which  he  desired 
and  would  have  effected  but  for  the  American  war. 

The  King  has  been  declared  the  supreme  head  of  the  ad- 
ministration of  the  kingdom,  yet  he  can  change  nothing  with- 
out the  decision  of  the  Assembly.  The  leaders  of  the  dominant 
party  have  exhibited  such  a defiance  to  the  agents  of  the  King, 
and  the  penalties  inflicted  upon  the  disobedient  have  given  birth 
to  so  much  uneasiness,  that  these  agents  have  remained  with- 
out authority.  The  form  of  government  is  especially  vicious 
for  two  reasons : the  Assembly  exceeds  the  limit  of  its  powers, 
in  occupying  itself  with  the  administration  of  justice  and  in- 
ternal administraiion  ; it  exercises  through  its  investigating  com- 
mittees the  moist  barbarous  of  all  despotisms.  There  have  been 


THE  KING'S  FLIGHT 


49 


established  associations  known  under  the  name  of  the  Friends  of 
the  Constitution,  which  are  corporations  infinitely  more  dan- 
gerous than  the  former  ones ; they  deliberate  upon  all  the  con- 
cerns of  the  government,  exercise  a power  so  preponderant  that 
all  the  bodies,  not  even  excepting  the  National  Assembly  it- 
self, do  nothing  except  by  their  order.  The  King  does  not 
think  that  it  would  be  possible  to  preserve  such  a government ; 
the  more  they  see  approaching  the  end  of  the  labors  of  the 
Assembly,  the  more  wise  men  lose  of  their  confidence  in  it. 
The  new  regulations,  instead  of  applying  balm  to  the  w'ounds. 
on  the  contrary  aggravate  the  discontent ; the  thousand  news- 
papers and  calumniating  pamphlets,  which  are  only  the  echoes 
of  the  clubs,  perpetuate  the  disorder  and  the  Assembly  has 
never  dared  to  remedy  it;  they  tend  only  to  a government 
metaphysical  and  impossible  in  the  execution. 

Frenchmen,  is  it  this  , that  you  designed  in  sending  your 
representatives?  Do  you  desire  that  the  despotism  of  the  clubs 
should  replace  the  monarchy  under  which  the  kingdom  has 
prospered  during  fourteen  hundred  years  ? The  love  of  French- 
men for  their  King  is  reckoned  among  their  virtues.  I have 
had  too  many  touching  tokens  of  it  to  be  able  to  forget  it : the 
King  would  not  offer  the  accompanying  picture  except  to  trace 
for  his  faithful  subjects  the  spirit  of  the  factious.  The  persons 
hired  for  the  triumph  of  M.  Necker  did  not  make  a showr  of 
pronouncing  the  name  of  the  King ; at  that  time  they  pursued 
the  Archbishop  of  Paris ; a courier  of  the  King  was  stopped, 
searched,  and  the  letters  which  he  bore  were  broken  open ; 
during  this  time  the  Assembly  seemed  to  insult  the  King;  he 
was  determined  to  carry  to  Paris  words  of  peace ; during  his 
journey  any  cry  of  Vive  le  Roi  was  prevented  from  being 
heard.  A proposal  was  even  made  to  carry  him  off  and  to  put 
the  Queen  in  a convent,  and  this  proposal  was  at  the  moment 
applauded. 

On  the  night  of  the  4th  to  the  5th  [of  October],  when  it 
was  proposed  to  the  Assembly  to  go  to  hold  its  sitting  with 
the  King,  it  replied  that  to  transfer  itself  there  was  beneath  its 
dignity ; from  that  moment  the  scenes  of  horror  were  renewed. 
On  the  arrival  of  the  King  at  Paris,  an  innocent  person  was 
massacred  almost  under  his  eyes  in  the  very  garden  of  the 
Tuileries ; all  those  who  have  spoken  against  religion  and  the 


THE  KING’S  FLIGHT 


50 

throne  have  received  triumphal  honors.  At  the  federation  of 
the  14th  of  July,  the  National  Assembly  declared  that  the  King 
was  its  head ; that  was  to  assert  that  it  could,  in  consequence, 
appoint  another ; his  family  was  put  in  a place  apart  from  him- 
self; nevertheless  it  was  then  that  he  passed  the  most  pleasant 
moments  of  his  sojourn  at  Paris. 

Afterwards  when  on  account  of  religion,  Mesdames  [the 
King’s  aunts]  wished  to  repair  to  Rome,  this  was  opposed, 
despite  the  Declaration  of  Rights ; they  advanced  to  Bellevue 
and  afterwards  to  Arnay-le-Duc  where  the  command  of  the 
Assembly  was  required  in  order  to  permit  them  to  proceed, 
those  of  the  King  having  been  treated  with  contempt.  On  the 
occasion  of  the  riot  which  the  factious  incited  at  Vincennes, 
the  persons  who  united  under  the  King  out  of  love  for  him  were 
maltreated,  and  audacity  was  pushed  even  to  the  breaking  be- 
fore the  King  of  the  arms  of  those  who  made  themselves  his 
guardians.  Upon  recovering  from  his  illness  he  was  disposed 
to  go  to  St.  Cloud ; he  was  stopped  from  paying  the  respect 
which  one  owes  to  the  religion  of  his  fathers ; the  club  of  the 
Cordeliers  even  denounced  him  as  a breaker  of  the  law ; in 
vain  M.  de  la  Fayette  did  what  he  could  to  protect  his  depar- 
ture ; the  faithful  servants  who  surrounded  him  were  torn  away 
by  violence  and  he  was  returned  to  his  prison.  Afterwards  he 
was  obliged  to  order  the  sending  away  of  his  clergy,  to  ap- 
prove the  letter  of  the  ministry  to  the  foreign  powers,  and  to  go 
to  the  mass  of  the  new  cure  of  Saint-Germain  l’Auxerrois.  In 
consequence  of  all  these  considerations  and  the  impossibility 
of  preventing  the  evil,  in  which  the  King  is,  it  is  natural  that 
he  should  have  sought  to  place  himself  in  safety. 

Frenchmen,  and  you  who  may  be  called  inhabitants  of  the 
good  city  of  Paris,  distrust  the  suggestion  of  the  factious,  re- 
turn to  your  King,  he  will  always  be  your  friend,  when  your 
holy  religion  shall  be  respected,  when  the  government  shall 
be  laid  upon  a firm  footing,  and  liberty  established  upon  an 
enduring  foundation. 

Signed,  Louis. 

Paris,  June  20,  1791. 

P.  S. — The  King  forbids  his  ministers  signing  any  order  in 
his  name,  until  they  have  received  further  orders,  and  enjoins 


THE  KING’S  FLIGHT 


51 


upon  the  keeper  of  the  seals  to  send  the  seal  to  him  when  it 
shall  be  required  on  his  part. 

Signed,  Louis. 

B.  Decree  for  the  Maintenance  of  Public  Order.  Junf 
21,  1791.  Duvergier,  Lois,  III,  52. 

The  National  Assembly  declares  to  the  citizens  of  Paris 
and  to  all  the  inhabitants  of  the  empire,  that  the  same  firmness 
which  it  has  exhibited  in  the  midst  of  all  the  difficulties  that 
have  attended  its  labors  will  control  its  deliberations  upon  the 
occasion  of  the  carrying  away  of  the  King  and  the  royal  family. 
It  notifies  all  citizens  that  the  maintenance  of  the  constitution 
and  the  safety  of  the  empire  have  never  more  imperatively  de- 
manded good  order  and  public  tranquility;  that  the  National 
Assembly  has  taken  the  most  energetic  measures  to  follow  the 
traces  of  those  who  have  made  themselves  guilty  of  carrying 
away  the  King  and  the  royal  family ; that,  without  interrupting 
its  sittings,  it  will  employ  every  means  in  order  that  the  pub- 
lic interest  may  not  suffer  from  that  event;  that  all  citizens 
ought  to  rely  entirely  upon  it  for  the  arrangements  which  the 
safety  of  the  empire  may  demand ; and  that  everything  which 
may  excite  trouble,  alarm  individuals,  or  menace  property, 
would  be  all  the  more  culpable  since  thereby  liberty  and  the 
constitution  might  be  compromised. 

It  orders  that  the  citizens  of  Paris  hold  themselves  in  read- 
iness to  act  for  the  maintenance  of  public  order  and  the  de- 
fence of  the  fatherland,  in  accordance  with  the  orders  which 
will  be  given  them  in  conformity  with  the  decrees  of  the  Na- 
tional Assembly. 

It  orders  the  department  administrators  and  the  municipal 
officers  to  cause  the  present  decree  to  be  promulgated  immedi- 
ately and  to  look  with  care  to  the  public  tranquility. 

C.  First  Decree  for  Giving  Effect  to  the  Measures  of  the 
Assembly.  June  21,  1791.  Duvergier,  Lois,  III,  52. 

The  National  Assembly  decrees  provisionally  and  until  it 
shall  be  otherwise  ordered  that  the  decrees  rendered  by  it  shall 
be  carried  into  effect  by  the  present  ministers,  and  that  the 
Minister  of  Justice  is  commanded  to  affix  the  seal  of  the  State 
to  them,  unless  there  is  need  of  the  sanction  or  the  acceptance 
of  the  King. 


52 


THE  KING’S  PLIGHT 


D.  Second  Decree  for  Giving  Effect  to  the  Measures 
of  the  Assembly.  June  22,  1791.  Duvergier,  Lois,  III,  53. 

The  National  Assembly  decrees  as  follows : 

» 1.  The  decrees  of  the  National  Assembly  already  rendered 
which  may  not  have  been  sanctioned  or  accepted  by  the  King, 
as  well  as  the  decrees  to  be  rendered  which  cannot  be  sanc- 
tioned or  accepted,  by  reason  of  the  absence  of  the  King,  shall 
nevertheless  bear  the  name  and  have  within  the  entire  extent 
of  the  kingdom  the  force-  of  laws,  and  the  customary  formula 
shall  continue  to  be  employed  for  them. 

2.  The  Minister  of  Justice  is  commanded  to  affix  the  seal 
of  the  State,  unless  there  should  be  need  of  the  sanction  or  the 
acceptance  of  the  King,  and  to  sign  the  drafts  of  the  decrees 
Which  must  be  deposited  in  the  national  archives  and  in  those 
of  the  chancellery,  as  well  as  the  copies  of  the  laws  which  must 
be  sent  to  the  tribunals  and  administrative  bodies. 

3.  The  ministers  are  authorised  to  meet  in  order  to  form- 
ulate and  sign  collectively  proclamations  and  other  acts  of  the 
same  nature. 

E.  Decree  upon  the  Oath  of  Allegiance.  June  22,  1791. 
Duvergier,  Lois,  III,  55. 

The  National  Assembly  decrees  as  follows: 

1.  That  the  oath  ordered  on  June  11  and  13,  the  present 
month,  shall  be  taken  in  the  following  form : 

“I  swear  to  employ  the  arms  placed  in  my  hands  for  the 
defence  of  the  fatherland  and  to  maintain  against  all  its  ene- 
mies within  and  without  the  constitution  decreed  by  the  Na- 
tional Assembly;  to  perish  rather  than  to  suffer  the  invasion 
of  French  territory  by  foreign  troops,  and  to  obey  only  the 
orders  which  shall  be  given  in  consequence  of  the  decrees  of 
the  National  Assembly.” 

2.  That  commissioners,  taken  from  within  the  body  of  the 
Assembly,  shall  be  sent  into  the  frontier  departments  in  order 
to  receive  there  the  above-mentioned  oath,  a record  of  which 
shall  be  drawn  up,  and  to  concert  there  with  the  administrative 
bodies  and  the  commanders  of  the  troops  the  measures  which 
they  think  suitable  for  the  maintenance  of  public  order  and  the 


THE  KING'S  FLIGHT 


53 


security  of  the  State,  and  to  make  for  that  purpose  all  the 
necessary  requisitions. 

F.  Decree  concerning  the  King.  June  25,  1791.  Du- 
vergier,  Lois,  III,  64. 

1.  As  soon  as  the  King  shall  have  arrived  at  the  chateau 
of  the  Tuileries  he  shall  temporarily  be  given  a guard,  which, 
under  the  orders  of  the  commanding  general  of  the  Parisian 
National  Guard,  shall  look  after  his  security  and  shall  be  re- 
sponsible for  his  person. 

5-  Until  it  shall  have  been  otherwise  ordered,  the  decree 
rendered  on  the  21st  of  this  month,  which  ordered  the  Minister 
of  Justice  to  affix  the  seal  of  the  State  to  the  decrees  of  the 
National  Assembly,  unless  there  should  be  need  of  the  sanc- 
tion or  the  acceptance  of  the  King,  shall  continue  to  be  car- 
ried out  in  all  of  its  provisions. 

6.  The  ministers,  the  director  of  the  Public  Treasury,  un- 
til the  entrance  into  office  of  the  commissioners  of  the  Nation- 
al Treasury,  the  commissioner  of  the  King  for  the  extraordin- 
ary and  liquidation  fund  are  likewise  authorised  provisionally 
to  continue  to  perform,  each  in  his  own  department  and 
under  his  responsibility,  the  functions  of  the  executive  power. 

G.  The  Protest  of  the  Right.  June  29,  1791.  Buchez  and 
Roux,  Histoirc  Parlementaire,  X,  433-437. 


The  decrees  of  the  National  Assembly  have  united  in  it  the 
whole  royal  power:  the  seal  of  the  State  has  been  deposited 
upon  its  table;  its  decrees  are  rendered  executory  without  hav- 
ing need  of  sanction ; it  gives  direct  orders  to  all  the  agents  of 
the  executive  power ; it  causes  to  be  taken  in  its  name  oaths  in 
which  Frenchmen  do  not  even  find  the  name  of  their  king; 
commissioners  who  have  received  their  commission  from  it 
alone  travel  over  the  provinces  in  order  to  receive  the  oaths 
which  it  requires  and  to  give  orders  to  the  army:  thus  at  the 
moment  in  which  the  inviolability  of  the  sacred  person  of  the 
monarch  has  been  annihilated,  the  monarchy  has  been  de- 


54 


THli)  PADUA  CIRCULAR 


stroyed  and  even  the  semblance  of  royalty  no  longer  exists : 
a republican  interim  is  substituted  for  it. 


H.  Decree  concerning  the  King.  July  16,  1791.  Duver- 
gier,  Lois  III,  111-112. 

I.  If  the  King,  after  having  taken  his  oath  to  the  consti- 
tution, retracts  it,  he  shall  be  considered  to  have  abdicated. 

2.  If  the  King  puts  himself  at  the  head  of  an  army  in  order 
to  direct  its  forces  against  the  nation,  or,  if  he  orders  his  gen- 
erals to  carry  into  effect  such  a project,  or  finally,  if  he  does 
not  by  a formal  act  put  himself  in  opposition  to'  any  action  of 
that  sort  which  may  be  conducted  in  his  name,  he  shall  be 
considered  to  have  abdicated. 

3.  A king  who  shall  have  abdicated,  or  who  shall  be 
considered  to  have  done  so,  shall  become  a simple  citizen  and 
he  shall  be  accusable,  according  to  the  customary  forms,  for 
all  offences  subsequent  to  his  abdication. 

4.  The  effect  of  the  decree  of  the  25th  of  last  month,  which 
suspends  the  exercise  of  the  royal  functions  and  the  functions 
of  the  executive  power  in  the  hands  of  the  King,  shall  continue 
only  until  the  moment  when,  the  constitution  being  completed, 
the  entire  constitutional  act  shall  have  been  presented  to  the 
King. 


13.  The  Padua  Circular. 

July  5 or  0,  1791.  Vivenot,  Kaiserpolitilc  Oesterreichs,  I,  185- 
186. 

This  circular  letter  to  the  principal  sovereigns  of  Europe  was 
sent  by  the  Emperor,  Leopold  II.  as  soon  as  he  learned  of  the  fail- 
ure of  the  King’s  flight.  It  was  only  the  amplification  of  ideas 
which  he  had  already  broached  in  less  formal  communications. 
In  France  there  was  suspicion  that  efforts  were  being  made  to 
form  such  a concert  as  the  circular  suggests,  but  this  document 
was  kept  a profound  secret.  None  of  the  powers  responded  favor- 
ably, except  Prussia. 

References.  Clapham,  Causes  of  the  War  of  1792,  48-57  ; Sorel, 
L’Europe  et  la  Revolution  Franoadse,  II,  228-230. 

I am  persuaded  that  Your  Majesty  will  have  learned  of  the 
unprecedented  outrage  of  the  arrest  of  the  King  of  France, 


THE  PADUA  CIRCULAR 


55 


of  my  sister  the  Queen,  and  of  the  royal  family,  with  as  much 
surprise  and  indignation  as  I have,  and  that  your  sentiments 
cannot  differ  from-  mine  upon  an  event  which,  causing  fear  of 
the  most  horrible  results  yet  to  come  and  implanting  the  seal 
of  illegality  upon  the  excesses  which  have  previously  taken 
place  in  France,  compromises  directly  the  honor  of  all  the  sov- 
ereigns and  the  safety  of  all  the  governments. 

Determined  to  carry  into  effect  what  I owe  to  these  con 
siderations,  and  as  head  of  the  Germanic  Body  by  its  selection, 
and  as  sovereign  of  the  Austrian  States,  I propose  to  the 
Kings  of  Spain,  England,  Prussia,  Naples,  and  Sardinia,  as 
well  as  to  the  Empress  of  Russia,  to  determine  to  unite  among 
themselves  and  with  me  for  counsel,  co-operation  and  meas- 
ures, in  order  to  restore  the  liberty  and  honor  of  the  Most 
Christian  King  and  of  his  family  and  to  put  limits  to  the  dan- 
gerous extremities  of  the  French  revolution. 

The  most  pressing  [measure]  seems  to  be  that  we  should 
all  unite  in  order  to  cause  to  be  delivered  by  our  ministers  in 
France  a common  declaration,  or  similar  and  simultaneous 
declarations,  which  may  cause  the  leaders  of  the  violent  party 
to  come  to  themselves  and  may  prevent  desperate  resolutions, 
still  leaving  open  to  them  ways  for  an  honest  repentance  and  the 
pacific  establishment  of  a state  of  things  in  France  which  pre- 
serves at  least  the  dignity  of  the  crown  and  the  essential  con- 
siderations of  the  general  tranquility,  and  I propose  for  that 
purpose  to  Your  Majesty  the  draft  which  you  will  find  an- 
nexed and1  which  appears  to  me  to  accomplish  these  aims. 

But  as  the  success  of  such  a declaration  may  be  problem- 
atical, and  as  one  can  promise  complete  success  only  on  condi- 
tion of  being  ready  to  sustain  it  by  sufficiently  respectable 
means,  my  minister  to  Your  Majesty  will  receive  immediately 
the  necessary  instructions  to  enter  with  your  minister  upon 
such  concert  of  vigorous  measures  as  the  circumstances  may 
demand,  reserving  to  myself  to  cause  him  to  communicate  also 
the  replies  which  I shall  receive  from  the  other  Powers,  as 
soon  as  they  shall  have  reached  me. 

I regard  as  an  infinitely  precious  advantage  that  the  dis- 
positions which  they  all  manifest  for  the  re-establishment  of 
repose  and  harmony  promise  to  remove  the  obstacles  which 
might  be  injurious  to  unanimity  of  views  and  sentiments  about 


THE  PADUA  CIRCULAR 


56 

an  occurrence  which  involves  closely  the  well  being  of  all 
Europe. 

Signed,  Leopold. 

Project  of  the  Common  Declaration. 

Padua,  July  5 or  6,  1791. 

The  undersigned  are  charged  to  make  known  what  follows 
on  the  part  of  their  respective  sovereigns: 

That,  notwithstanding  the  notorious  deeds  of  constraint  and 
violence  which  have  preceded  and  followed  the  acts  of  consent 
granted  by  the  King  of  France  to  the  decrees  of  the  National 
Assembly,  they  had  nevertheless  still  wished  to  suspend  their 
opinion  upon  the  degree  to  which  that  consent  represented  or 
did  not  represent  the  conviction  and  free  will  of  His  Most 
Christian  Majesty;  but  the  effort  undertaken  by  that  prince  to 
set  himself  at  liberty,  being  a most  manifest  proof  of  the 
state  of  confinement  in  which  he  formerly  found  himself,  no 
longer  left  any  doubt  that  he  had  been  made  to  do  violence 
to  his  religion  in  several  respects,  at  the  same  time  that  the  last 
attack  in  his  actual  arrest  and  that  of  the  Queen,  the  Dauphin 
and  Madame  Elizabeth,  inspires  just  alarms  about  the  ultimate 
projects  of  the  dominant  party; 

That  the  said  sovereigns  cannot  delay  any  longer  to  mani- 
fest the  sentiments  and  resolutions  which  in  this  state  of  things 
the  honor  of  their  crowns,  the  ties  of  blood,  and  the  main- 
tenance of  the  public  order  and  tranquility  of  Europe  require 
of  them : they  have  ordered  their  undersigned  ministers  to  de- 
clare : 

That  they  ask  that  this  prince  and  his  family  may  be  im- 
mediately put  at  liberty  and  they  claim  for  all  these  royal  per- 
sons the  inviolability  and  respect  which  the  law  of  nature  and 
men  imposes  upon  subjects  towards  their  princes; 

That  they  will  unite  in  order  to  avenge  in  a striking  man- 
ner subsequent  attacks  which  may  be  committed  or  may  be 
allowed  to  be  committed  against  the  security,  the  person  and 
honor  of  the  King,  Queen,  and  royal  family; 

That,  finally,  they  will  recognize  as  law  and  constitution 
legally  established  in  France  only  those  which  they  shall  find 
provided  with  the  voluntary  consent  of  the  King,  in  enjoyment 
of  a perfect  liberty ; but  that  in  the  contrary  case,  they  will 


THE  DECLARATION  OF  PILNITZ 


57 


employ  in  concert  all  the  means  placed  in  their  power  to  cause 
to  cease  the  scandal  of  a usurpation  of  power  which  bears  the 
character  of  an  open  revolt,  and  of  which  it  is  .important  for  all 
governments  to  check  the  disastrous  example. 


14.  The  Declaration  of  Pilnitz. 

August  27,  1791.  Vivenot,  Kaiserpolitik  Oesterreichs,  I,  234. 
Translation,  James  Harvey  Robinson,  University  of  Pennsylvania 
Translations  and  Reprints. 

This  document  was  the  only  direct  result  of  No.  13.  It  seems 
certain  that  the  signatories,  the  sovereigns  of  Austria  and  Prus- 
sia, attached  but  little  importance  to  it.  For  them  the  qualify- 
ing words  were -the  emphatic  ones.  This,  however,  was  not  thor- 
oughly understood  in  France,  and  a little  later  the  declaration 
was  an  important  factor  in  persuading  the  French  people  that  they 
must  fight  Europe  in  order  to  prevent  interference  with  the  course 
of  the  Revolution  in  France. 

Refebences.  Clapham,  Causes  of  the  War  of  1792,  76-S2  ; Yon 
Sybel,  French  Revolution,  361-368  ; Sorel,  L’  Europe  et  la  Revolu- 
tion Francaisc,  I,  252-264. 

His  Majesty,  the  Emperor,  and  his  Majesty,  the  King  of 
Prussia,  having  given  attention  to  the  wishes  and  representa- 
tions of  Monsieur  (the  brother  of  the  King  of  France),  and 
of  M.  le  Comte  d’Artois,  jointly  declare  that  they  regard  the 
present  situation  of  his  majesty  the  King  of  France,  as  a 
matter  of  common  interest  to  all  the  sovereigns  of  Europe. 
They  trust  that  this  interest  will  not  fail  to  be  recognized  by 
the  powers,  whose  aid  is  solicited,  and  that  in  consequence 
they  will  not  refuse  to  employ,  in  conjunction  with  their  said 
majesties,  the  most  efficient  means  in  proportion  to  their  re- 
sources to  place  the  King  of  France  in  a position  to  establish, 
with  the  most  absolute  freedom,  the  foundations  of  a monar- 
chical form  of  government,  which  shall  at  once  be  in  harmony 
with  the  rights  of  sovereigns  and  promote  the  welfare  of  the 
French  nation.  In  that  case  f Alors  et  dans,  ce  caj]  their  said 
majesties  the  Emperor  and  the  King  of  Prussia  are  resolved 
to  act  promptly  and  in  common  accord  with  the  forces  neces- 
sary to  obtain  the  desired  common  end. 

In  the  meantime  they  will  give  such  orders  to  their  troops 


58 


CONSTITUTION  OF  1791 


as  are  necessary  in  order  that  these  may  be  in  a position  to  be 
called  into  active  service. 

Leopold.  Frederick  William. 

Pilnitz,  August  27,  1791. 


15.  Constitution  of  1791. 


September  3,  1791.  Duvergier,  Lois,  III,  239-255. 

This  constitution  represents  a large  part  of  the  labors  of  the 
Constituent  Assembly.  Many  of  its  provisions  had  already  been 
put  into  operation  by  separate  decrees.  It  was  given  its  final 
shape  during  the  ten  weeks  following  the  return  of  the  King  to 
Paris  and  shows  many  traces  of  the  conservative  reaction  of  that 
period.  A careful  study  of  it  will  throw  light  upon  many  features 
of  the  Revolution. 


References.  Lavisse  and  Rambaud,  Histoire  Generate,  VIII, 
73-79.  Of  contemporary  estimates  the  most  famous  are  Burke’s 
Reflections  on  the  Revolution  in  France  (a  strongly  adverse  view), 
and  Mackintosh’s  reply,  Vindiciae  Gallicae,  or  Defence  of  the 
French  Revolution. 


Declaration  of  the  Rights  of  Man  and  Citizen. 

The  representatives  of  the  French  people,  organized  in 
National  Assembly,  considering  that  ignorance,  forgetfulness 
or  contempt  of  the  rights  of  man  are  the  sole  causes  of  the 
public  miseries  and  of  the  corruption  of  governments,  have 
resolved  to  set  forth  in  a solemn  declaration  the  natural,  in- 
alienable, and  sacred  rights  of  man,  in  order  that  this  declara- 
tion, being  ever  present  to  all  the  members  of  the  social  body, 
may  unceasingly  remind  them  of  their  rights  and  their  duties : 
in  order  that  the  acts  of  the  legislative  power  and  those  of  the 
executive  power  may  be  each  moment  compared  with  the  aim 
of  every  political  institution  and  thereby  may  be  more  respect- 
ed ; and  in  order  that  the  demands  of  the  citizens,  grounded 
henceforth  upon  simple  and  incontestable  principles,  may  al- 
ways take  the  direction  of  maintaining  the  constitution  and  the 
welfare  of  all. 

In  consequence,  the  National  Assembly  recognizes  and  de- 
clares, in  the  presence  and  under  the  auspices  of  the  Supreme 
Being,  the  following  rights  of  man  and  citizen. 

1.  Men  are  born  and  remain  free  and  equal  in  rights.  So- 
cial distinctions  can  be  based  only  upon  public  utility. 


CONSTITUTION  OF  1T91 


59 


v.^2.  The  aim  of  every  political  association  is  the  preserva- 
tion of  the  natural  and  imprescriptible  rights  of  man.  These 
rights  are  liberty,  property,  security,  and  resistance  to  op- 
pression. 

3.  The  source  of  all  sovereignty  is  essentially  in  the  na- 
tion; no  body,  no  individual  can  exercise  authority  that  does 
not  proceed  from  it  in  plain  terms. 

4.  Liberty  consists  in  the  power  to  do  anything  that  does 
not  injure  others;  accordingly,  the  exercise  of  the  natural 
rights  of  each  man  has  for  its  only  limits  those  that  secure 
to  the  other  members  of  society  the  enjoyment  of  these  same 
rights.  These  limits  can  be  determined  only  by  law. 

5.  The  law  has  the  right  to  forbid  only  such  actions  as 
are  injurious  to  society.  Nothing  can  be  forbidden  that  is 
not  interdicted  by  the  law  and  no  one  can  be  constrained  to 
do  that  which  it  does  not  order. 

6.  Law  is  the  expression  of  the  general  will.  All  citi- 
zens have  the  right  to  take  part  personally  or  by  their  repre- 
sentatives in  its  formation.  It  must  be  the  same  for  all,  wheth- 
er it  protects  or  punishes.  All  citizens  being  equal  in  its  eyes, 
are  equally  eligible  to  all  public  dignities,  places,  and  employ- 
ments, according  to  their  capacities,  and  without  other  dis- 
tinction than  that  of  their  virtues  and  their  .talents. 

7.  No  man  can  be  accused,  arrested,  or  detained  except  in 
the  cases  determined  by  the  law  and  according  to  the  forms 
that  it  has  prescribed.  Those  who  procure,  expedite,  execute, 
or  cause  to  be  executed  arbitrary  orders  ought  to  be  punished  : 
but  every  citizen  summoned  or  seized  in  virtue  of  the  law 
ought  to  render  instant  obedience;  he  makes  himself  guilty  by 
resistance. 

8.  The  law  ought  to  establish  only  penalties  that  are  strict- 
ly and  obviously  necessary  and  no  one  can  be  punished  except 
in  virtue  of  a law  established  and  promulgated  prior  to  the 
offence  and  legally  applied. 

9.  Every  man  being  presumed  innocent  until  he  has  been 
pronounced  guilty,  if  it  is  thought  indispensable  to  arrest 
him,  all  severity  that  may  not  be  necessary  to  secure  his  per- 
son ought  to  be  strictly  suppressed  by  law. 

10.  No  one  ought  to  be  disturbed  on  account  of  his  opin- 


6o 


CONSTITUTION  OP  1791 


ions,  even  religious,  provided  their  manifestation  does  not 
derange  the  public  order  established  by  law. 

11.  The  free  communication  of  ideas  and  opinions  is  one 
of  the  most  precious  of  the  rights  of  man;  every  citizen  then 
can  freely  speak,  write,  and  print,  subject  to  responsibility 
for  the  abuse  of  this  freedom  in  the  cases  determined  by  law. 

12.  The  guarantee  of  the  rights  of  man  and  citizen  re- 
quires a public  force;  this  force  then  is  instituted  for  the  ad- 
vantage of  all  and  not  for  the  personal  benefit  of  those  to 
whom  it  is  entrusted. 

13.  For  the  maintenance  of  the  public  force  and  for  the 
expenses  of  administration  a general  tax  is  indispensable ; it 
ought  to  be  equally  apportioned  among  all  the  citizens  accord- 
ing to  their  means. 

14.  All  the  citizens  have  the  right  to  ascertain,  by  them- 
selves or  by  their  representatives,  the  necessity  of  the;  public 
tax,  to  consent  to  it  freely,  to  follow  the  employment  of  it, 
and  to  determine  the  quota,  the  assessment,  the  collection,  and 
the  duration  of  it. 

15.  Society  has  the  right  to  call  for  an  account  from  every 
public  agent  of  its  administration. 

16.  Any  society  in  which  the  guarantee  of  the  rights  is 
not  secured  or  the  separation  of  powers  not  determined  has 
no  constitution  at  all. 

17.  Property  being  a sacred  and  inviolable  right,  no  one 
can  be  deprived  of  it  unless  a legally  established  public  neces- 
sity evidently  demands  it,  under  the  condition  of  a just  and 
prior  indemnity. 

French  Constitution. 

The  National  Assembly,  wishing  to  establish  the  French 
Constitution  upon  the  principles  that  it  has  just  recognized 
and  declared,  abolishes  irrevocably  the  institutions  that  have 
injured  liberty  and  the  equality  of  rights. 

There  is  no  longer  nobility,  nor  peerage,  nor  hereditary 
distinctions,  nor  distinction  of  orders,  nor  feudal  regime,  nor 
patrimonial  jurisdictions,  nor  any  titles,  denominations  or 
prerogatives  derived  therefrom,  nor  any  order  of  chivalry,  nor 
any  corporations  or  decorations  which  demanded  proofs  of 
nobility  or  that  were  grounded  upon  distinctions  of  birth,  nor 


CONSTITUTION  OF  1791 


6l 


any  superiority  other  than  that  of  public  officials  in  the  exer- 
cise of  their  functions. 

There  is  no  longer  either  sale  or  inheritance  of  any  public 
office. 

There  is  no  longer  for  any  part  of  the  nation  nor  for  any 
individual  any  privilege  or  exception  to  the  law  that  is  com- 
mon to  all  Frenchmen. 

There  are  no  longer  jurandes,  nor  corporations  of  profes- 
sions, arts,  and  crafts. 

The  law  no  longer  recognizes  religious  vows  nor  any  other 
obligation  which  may  be  contrary  to  natural  rights  or  the 
constitution. 

TITLE  I.  FUNDAMENTAL  PROVISIONS  GUARANTEED  BY  THE 
CONSTITUTION. 

The  constitution  guarantees  as  natural  and  civil  rights : 

1.  That  all  the  citizens  are  eligible  to  offices  and  employ- 
ments without  any  other  distinction  than  that  of  virtue  and 
talent; 

2.  That  all  the  taxes  shall  be  equally  apportioned  among 
all  the  citizens  in  proportion  to  their  means. 

3.  That  like  offences  shall  be  punished  by  like  penalties, 
without  any  distinction  of  persons. 

The  constitution  likewise  guarantees  as  natural  and  civil 
rights : 

Liberty  to  every  man  to  move  about,  to  remain,  and  to  de- 
part without  liability  to  arrest  or  detention,  except  according 
to  the  forms  determined  by  the  constitution; 

Liberty  to  every  man  to  speak,  to  write,  to  print  and  pub- 
lish his  ideas  without  having  his  writings  subjected  to  any 
censorship  or  inspection  before  their  publication,  and  to  fol- 
low the  religious  worship  to  which  he  is  attached; 

Liberty  to  the  citizens  to  meet  peaceably  and  without  arms, 
in  obedience  to  the  police  laws ; 

Liberty  to  address  individually  signed  petitions  to  the  con- 
stituted authorities. 

The  legislative  power  cannot  make  any  law  that  attacks 
and  impedes  the  exercise  of  the  natural  and  civil  rights  con- 
tained in  the  present  title  and  guaranteed  by  the  constitution; 
but  as  liberty  consists  only  in  the  power  to  do  anything  that 


62 


CONSTITUTION  OF  1791 


is  not  injurious  to  the  rights  of  others  or  to  the  public  secur- 
ity, the  law  can  establish  penalties  against  acts  which,  in  at- 
tacking the  public  security  or  the  rights  of  others,  may  be 
injurious  to  society. 

The  constitution  guarantees  the  inviolability  of  property  or 
a just  and  prior  indemnity  for  that  of  which  a legally  estab- 
lished public  necessity  may  demand  the  sacrifice. 

Property  intended  for  the  expenses  of  worship  and  for  all 
services  of  public  utility  belongs  to  the  nation  and  is  at  all 
times  at  its  disposal. 

The  constitution  guarantees  the  alienations  that  have  been 
or  that  shall  be  made  under  the  forms  established  by  law. 

The  citizens  have  the  right  to  elect  or  choose  the  ministers 
of  their  religious  sects. 

There  shall  be  created  and  organized  a general  establish- 
ment of  public  relief  to  bring  up  abandoned  children,  to  relieve 
infirm  paupers,  and  to  provide  work  for  the  able-bodied  poor 
who  may  not  have  been  able  to  obtain  it  for  themselves. 

There  shall  be  created  and  organized  a system  of  public 
instruction,  common  to  all  citizens,  gratuitous  as  regards  the 
parts  of  education  indispensable  for  all  men,  and  whose  es- 
tablishments shall  be  gradually  distributed  in  accordance  with 
the  division  of  the  kingdom. 

There  shall  be  established  national  fetes  to  preserve  the 
memory  of  the  French  Revolution,  to  maintain  fraternity 
among  the  citizens,  and  to  attach  them  to  the  constitution,  the 
fatherland,  and  the  laws. 

A code  of  civil  laws  common  to  all  the  kingdom  shall  be 
made. 

TITLE  II.  OF  THE  DIVISION  OF  THE  KINGDOM  AND  OF  THE 
CONDITION  OF  THE  CITIZENS. 

1.  The  kingdom  is  one  and  indivisible;  its  territory  is  di- 
vided into  eighty-three  departments,  each  department  into  dis- 
tricts, each  district  into  cantons. 

2.  French  citizens  are: 

Those  who  are  born  in  France  of  a French  father;  ' 

Those  who,  born  in  France  of  a foreign  father,  have  fixed 
their  residence  in  the  kingdom ; 

Those  who,  born  in  a foreign  country  of  a French  father, 


CONSTITUTION  OF  1791  63 

e 

have  become  established  in  France  and  have  taken  the  civic 
oath  ; 

Lastly,  those  who,  born  in  a foreign  country  and  descend- 
ed in  any  degree  whatsoever  from  a French  man  or  a French 
woman  expatriated  on  account  of  religion,  may  come  to  live 
in  France  and  take  the  civic  oath. 

3.  Those  residing  in  France,  who  were  born  outside  of 
the  kingdom  from  foreign  parents,  become  French  citizens 
after  five  years  of  continued  domicile  in  the  kingdom,  if  they 
have  in  addition  acquired  real  estate  or  married  a French 
woman,  or  formed  an  agricultural  or  commercial  establish- 
ment, and  have  taken  the  civic  oath. 

4.  The  legislative  power  shall  be  able,  for  important  con- 
siderations, to  give  to  a foreigner  a certificate  of  naturaliza- 
tion without  other  conditions  than  the  fixing  of  his  domicile 
in  France  and  the  taking  of  the  civic  oath. 

5.  The  civic  oath  is : I swear  to  be  faithful  to  the  nation, 
the  law,  and  the  King,  and  to  maintain  with  all  my  power  the 
constitution  of  the  kingdom  decreed  by  the  National  Con- 
stituent Assembly  in  the  years  1789,  1790,  and  1791. 

6.  The  title  to  French  citizenship  is  lost: 

1st.  By  naturalization  in  a foreign  country; 

2d.  By  condemnation  to  the  penalties  which  involve 
civic  degradation,  as  long  as  the  condemned  is  not  rehabilitat- 
ed ; 

3d.  By  a judgment  of  contempt  of  court,  as  long  as  the 
judgment  is  not  annulled : 

4th.  By  affiliation  with  any  foreign  order  of  knighthood, 
or  with  any  foreign  organization  which  may  imply  proofs  of 
nobility  or  distinctions  of  birth,  or  which  may  demand  religious 
vows. 

7.  The  law  considers  marriage  as  only  a civil  contract. 

The  legislative  power  shall  establish  for  all  inhabitants, 

without  distinction,  the  manner  in  which  births,  marriages, 
and  deaths  shall  be  recorded  and  it  shall  designate  the  public 
officers  who  shall  receive  and  preserve  the  records  thereof. 

8.  The  French  citizens,  considered  in  their  local  relations 
arising  from  their  union  into  cities  and  into  certain  districts 
of  rural  territory,  form  communes. 

The  legislative  power  shall  fix  the  extent  of  the  district 
of  each  commune. 


64 


CONSTITUTION  OP  1791 


9.  The  citizens  who  compose  each  commune  have  the 
right  to  elect  at  stated  times  and  according  to  the  forms  fixed 
by  law  those  among  themselves,  who,  under  the  title  of  muni- 
cipal officers,  are  charged  to  carry  on  the  particular  affairs  of 
the  commune. 

Some  functions  related  to  the  interests  of  the  State  can  be 
delegated  to  the  municipal  officers. 

10.  The  regulations  which  the  municipal  officers  shall  be 
required  to  follow  in  the  exercise  of  their  municipal  functions, 
as  well  as  those  which  have  been  delegated  to  them  for  the 
general  interest,  shall  be  fixed  by  the  laws. 

TITLE  III.  OF  THE  PUBLIC  POWERS. 

1.  Sovereignty  is  one,  indivisible,  inalienable,  and  im- 
prescriptible : it  belongs  to  the  nation : no  section  of  the  peo- 
ple nor  any  individual  can  attribute  to  himself  the  exercise 
thereof. 

2.  The  nation,  from  which  alone  emanates  all  the  powers, 
can  exercise  them  only  by  delegation. 

The  French  constitution  is  representative;  the  representa- 
tives are  the  Legislative  Body  and  the  King. 

3.  The  legislative  power  is  delegated  to  one  National  As- 
sembly, composed  of  temporary  representatives  freely  elected 
by  the  people,  in  order  to  be  exercised  by  it  with  the  sanction 
of  the  King  in  the  manner  which  shall  be  determined  here- 
inafter. 

4.  The  government  is  monarchical : the  executive  power 
is  delegated  to  the  King,  in  order  to  be  exercised  under  his 
authority  by  ministers  and  other  responsible  agents,  in  the 
manner  which  shall  be  determined  hereinafter. 

5.  The  judicial  power  is  delegated  to  judges  elected  at 
stated  times  by  the  people. 

Chapter  I.  Of  the  National  Legislative  Assembly. 

1.  The  National  Assembly,  forming  the  Legislative  Body, 
is  permanent  and  is  composed  of  only  one  chamber. 

2.  It  shall  be  formed  every  two  years  by  new  elections. 

Each  period  of  two  years  shall  constitute  a legislature. 

3.  The  provisions  of  the  preceding  article  shall  not  oper- 
ate with  respect  to  the  next  Legislative  Body,  whose  powers 
shall  cease  the  last  day  of  April,  1793. 


CONSTITUTION  OF  1731 


65 


4.  The  renewal  of  the  Legislative  Body  takes  place  with 
perfect  right. 

5.  The  Legislative  Body  shall  not  be  dissolved  by  the  King. 

Section  I.  Number  of  the  representatives. — Basis  of  re- 
presentation. 

1.  The  number  of  representatives  in  the  Legislative  Body 
is  seven  hundred  and  forty-five,  by  reason  of  the  eighty-three 
departments  of  which  the  realm  is  composed,  and  independ- 
ently of  those  who  may  be  granted  to  the  colonies. 

2.  The  representatives  shall  be  distributed  among  the 
eighty-three  departments  according  to  the  three  proportions 
of  territory,  population,  and  direct  tax. 

3.  Of  the  seven  hundred  and  forty-five  representatives, 
two  hundred  and  forty-seven  are  accredited  for  territory. 

Each  department  shall  select  three  of  these,  with  the  ex- 
ception of  the  department  of  Paris  which  shall  select  but  one. 

4.  Two  hundred  and  forty-nine  are  accredited  for  popula- 
tion. 

The  total  mass  of  the  population  of  the  kingdom  is  divided 
into  two  hundred  and  forty-nine  parts,  and  each  department 
selects  as  many  deputies  as  it  has  parts  of  population. 

5.  Two  hundred  and  forty-nine  representatives  are  ac- 
credited for  the  direct  tax. 

The  sum  total  of  the  direct  tax  of  the  kingdom  is  likewise 
divided  into  two  hundred  and  forty-nine  parts,  and  each  de- 
partment selects  as  many  deputies  as  it  pays  parts  of  the  tax. 

Section  II.  Primary  assemblies. — Selection  of  the  electors. 

1.  In  order  to  form  the  National  Legislative  Assembly 
the  active  citizens  shall  meet  every  two  years  in  primary  as- 
semblies in  the  cities  and  cantons. 

The  primary  assemblies  shall  constitute  themselves  with 
perfect  right  on  the  second  Sunday  of  March,  if  they  have 
not  been  convoked  earlier  by  the  public  functionaries  determ- 
ined by  the  law. 

2.  In  order  to  be  an  active  citizen  it  is  necessary  to  be 
born  or  to  become  a Frenchman;  to  be  fully  twenty-five  years 
of  age;  to  be  domiciled  in  the  city  or  in  the  canton  for  the 
time  fixed  by  the  law; 


3 


66 


CONSTITUTION  OF  1791 


To  pay  in  some  place  of  the  kingdom  a direct  tax  at  the 
least  equal  to  the  value  of  three  days  of  labor,  and  to  present 
the  receipt  therefor ; 

Not  to  be  in  a state  of  domestic  service,  that  is  to  say, 
not  to  be  a servant  for  wages ; 

To  be  registered  upon  the  roll  of  the  national  guards  in  the 
municipality  of  his  domicile ; 

To  have  taken  the  civic  oath. 

,3.  Every  six  years  the  Legislative  Body  shall  fix  the  min- 
imum and  the  maximum  of  the  value  of  a day’s  labor,  and  the 
department  administrators  shall  make  the  local  determination 
thereof  for  each  department. 

4.  No  one  shall  be  able  to  exercise  the  rights  of  an  active 
citizen  in  more  than  one  place  or  to  cause  himself  to  be  repre- 
sented by  another. 

5.  The  following  are  excluded  from  the  exercise  of  the 
rights  of  active  citizenship : 

Those  who  are  under  indictment ; 

Those  who,  after  having  been  declared  to  be  in  a state  of 
bankruptcy  or  insolvency,  proven  by  authentic  documents,  do 
not  procure  a general  discharge  from  their  creditors. 

6.  The  primary  assemblies  shall  select  electors  in  propor- 
tion to  the  number  of  active  citizens  domiciled  in  the  city  or 
canton. 

There  shall  be  one  elector  selected  by  virtue  of  one  hundred 
active  citizens,  whether  present  at  the  assembly  or  not. 

There  shall  be  two  selected  for  one  hundred  and  fifty-one 
up  to  two  hundred,  and  so  on. 

7.  No  one  can  be  chosen  an  elector  if  he  does  not  unite 
with  the  conditions  necessary  to  be  an  active  citizen,  the  fol- 
lowing : 

In  the  cities  over  six  thousand  souls,  that  of  being  proprie- 
tor or  usufructuary  of  an  estate  valued  upon  the  tax  rolls  at  a 
at  a revenue  equal  to  the  local  value  of  two  hundred  days  of 
labor,  or  of  being  the  occupant  of  a habitation  valued  upon  the 
same  rolls  at  a revenue  equal  to  the  value  of  a hundred  and 
fifty  days  of  labor; 

In  cities  under  six  thousand  souls  that  of  being  proprietor 
or  usufructuary  of  an  estate  valued  upon  the  tax  rolls  at  a 
revenue  equal  to  the  local  value  of  a hundred  and  fifty  days 


CONSTITUTION  OF  1793 


67 


of  labor,  or  of  being  the  occupant  of  a habitation  valued  upon 
the  same  rolls  at  a revenue  equal  to  the  value  of  a hundred 
days  of  labor. 

And  in  the  country,  that  of  being  the  proprietor  or  usu- 
fructuary of  an  estate  valued  upon  the  tax  rolls  at  a revenue 
equal  to  the  local  value  of  one  hundred  and  fifty  days  of  labor, 
or  that  of  being  the  farmer  or  metayer  of  estates  valued  upon 
the  same  rolls  at  the  value  of  four  hundred  days  of  labor. 

With  respect  to  those  who  shall  at  the  same  time  be  pro- 
prietors or  usufructuaries  for  one  part  and  occupants,  farmers 
or  metayers  for  another,  thei~  means  by  these  different  titles 
shall  be  cumulated  up  to  the  amount  necessary  to  establish 
their  eligibility. 

Section  III.  Electoral  assemblies. — Selection  of  repre- 
sentatives. 

1.  The  electors  chosen  in  each  department  shall  assemble 
in  order  to  elect  the  number  of  representatives  whose  selection 
shall  be  assigned  to  their  department  and  a number  of  sub- 
stitutes equal  to  a third  of  that  of  the  representatives. 

The  electoral  assemblies  shall  constitute  themselves  with 
perfect  right  on  the  last  Sunday  in  March,  if  they  have  not 
been  convoked  earlier  by  the  public  functionaries  determined 
by  the  law. 

2.  The  representatives  and  the  substitutes  shall  be  elected 
by  majority  of  the  votes,  and  they  shall  be  chosen  only  from 
among  the  active  citizens  of  the  department. 

3.  All  active  citizens,  whatever  their  condition,  profession, 
or  tax,  can  be  elected  representatives  of  the  nation. 

4.  Nevertheless,  the  ministers  and  the  other  agents  of  the 
executive  power  removable  at  pleasure,  the  commissioners  of 
the  national  treasury,  the  collectors  and  receivers  of  the  direct 
taxes,  the  overseers  of  the  collection  and  administration  of  the 
indirect  taxes  and  the  national  domains,  and  those  who,  un- 
der any  denomination  whatsoever,  are  attached  to  the  military 
and  civil  household  of  the  King,  shall  be  obliged  to  choose 
[between  their  offices  and  that  of  representative] . 

The  administrators,  sub-administrators,  municipal  officers, 
and  commandants  of  the  national  guards  shall  likewise  be  re- 
quired to  choose  [between  their  offices  and  that  of  represent- 
ative]. 


68 


CONSTITUTION  OF  1791 


5.  The  exercise  of  judicial  functions  shall  be  incompatible 
with  that  of  representative  of  the  nation  for  the  entire  duration 
of  the  legislature. 

The  judges  shall  be  replaced  by  their  substitutes,  and  the 
King  shall  provide  by  commissionary  warrants  for  the  replac- 
ing of  his  commissioners  before  the  tribunals. 

6.  The  members  of  the  Legislative  Body  can  be  re-elected 
to  the  following  legislature,  and  they  can  be  elected  thereafter 
only  after  the  interval  of  one  legislature. 

7.  The  representatives  selected  in  the  departments  shall 
not  be  the  representatives  of  one  particular  department,  but 
of  the  entire  nation,  and  no  instructions  can  be  given  them. 

Section  IV.  Meeting  and  government  of  the  primary  elec- 
toral assemblies. 

1.  The  functions  of  the  primary  and  electoral  assemblies 
are  confined  to  election ; they  shall  separate  immediately  after 
the  elections  have  taken  place  and  they  shall  not  form  them- 
selves again  unless  they  shall  be  convoked,  except  in  the  case 
of  the  1st  article  of  section  II  and  of  the  1st  article  of  section 
III  above. 

2.  No  active  citizen  can  enter  or  cast  his  vote  in  an  as- 
sembly, if  he  is  armed. 

3.  The  armed  force  shall  not  be  introduced  into  its  midst 
without  the  express  wish  of  the  assembly,  unless  violence  is 
committed  there ; in  that  case  the  order  of  the  president  shall 
suffice  to  summon  the  public  force. 

4.  Every  two  years  there  shall  be  drawn  up  in  each  dis- 
trict lists  by  cantons  of  the  active  citizens,  and  the  list  of  each 
canton  shall  be  published  and  posted  there  two  months  before 
the  date  of  the  primary  assembly. 

The  complaints  which  shall  arise,  either  to  contest  the 
qualifications  of  the  citizens  placed  upon  the  list  or  on  the  part 
of  those  who  shall  allege  that  they  are  unjustly  omitted,  shall 
be  brought  before  the  tribunals  in  order  to  be  passed  upon 
there  summarily. 

The  list  shall  serve  as  the  rule  for  the  admission  of  the  cit- 
izens in  the  next  primary  assembly  in  everything  that  shall  not 
have  been  rectified  by  the  judgments  rendered  before  the  hold- 
ing of  the  assembly. 


CONSTITUTION  OP  1791 


69 


5.  The  electoral  assemblies  have  the  right  to  verify  the 
qualifications  and  the  powers  of  those  who  shall  present  them- 
selves there,  and  their  decisions  shall  be  carried  out  provision- 
ionally,  saving  the  judgment  of  the  Legislative  Body  at  the 
time  of  the  verification  of  the  powers  of  the  deputies. 

6.  In  no  case  and  under  no  circumstances  shall  the  King 
or  any  of  the  agents  appointed  by  him  be  able  to  assume  jur- 
isdiction over  questions  relative  to  the  regularity  of  the  con- 
vocations, to  the  holding  of  the  assemblies,  to  the  form  of  the 
elections,  or  to  the  political  rights  of  the  citizens,  without 
prejudice  to  the  functions  of  the  commissioners  of  the  King 
in  the  cases  determined  by  the  law  where  questions  relative  to 
the  political  rights  of  citizens  must  be  brought  before  the 
tribunals. 

Section  V.  Meeting  of  the  representatives  in  National 
Legislative  Assembly. 

1.  The  representatives  shall  meet  on  the  first  Monday  of 
the  month  of  May  in  the  place  of  the  sittings  of  the  last  legis- 
lature. 

2.  They  shall  form  themselves  provisionally  in  assembly 
under  the  presidency  of  the  oldest  member  in  point  of  age, 
in  order  to  verify  the  powers  of  the  representatives  present. 

3.  As  soon  as  there  shall  be  verified  members  to-  the  num- 
ber of  three  hundred  and  seventy-three  they  shall  constitute 
themselves  under  the  title  of  National  Legislative  Assembly; 
it  shall  name  a president,  a vice-president,  and  secretaries, 
and  shall  begin  the  exercise  of  its  functions. 

4.  During  the  entire  course  of  the  month  of  May,  if  the 
number  of  the  representatives  present  is  under  three  hundred 
and  seventy- three,  the  Assembly  shall  not  be  able  to  perform 
any  legislative  act. 

It  can  pass  an  order  requiring  the  absent  members  to  re- 
pair to  their  duties  within  the  period  of  fifteen  days  at  the  lat- 
est, upon  penalty  of  3,000  livires  fine,  if  they  do  not  present  an 
excuse  which  shall  be  pronounced  legitimate  by  the  Assembly. 

5.  On  the  last  day  of  May,  whatever  may  be  the  number 
of  the  members  present,  they  shall  constitute  themselves  into 
National  Legislative  Assembly. 

6.  The  representatives  shall  pronounce  in  unison,  in  the 
name  of  the  French  people,  the  oath  to  live  free  or  to  die. 


70 


CONSTITUTION  OF  179 1 


They  shall  afterwards  individually  take  the  oath  to  main- 
tain with  all  their  power  the  constitution  of  the  kingdom,  de- 
creed by  the  National  Constituent  Assembly,  in  the  years  1789, 
1790,  and  1791;  and  not  to  propose  nor  to  consent  within  the 
course  of  the  legislature  to  anything  which  can  injure  it,  and 
to  be  in  everything  faithful  to  the  nation,  the  law,  and  the 
King. 

7.  The  representatives  of  the  nation  are  inviolable : they 
cannot  be  questioned,  accused,  nor  tried  at  any  time  for  what 
they  have  said,  written,  or  done  in  the  exercise  of  their  func- 
tions as  representatives. 

8.  They  can,  for  criminal  acts,  be  seized  in  the  very  act 
or  in  virtue  of  a warrant  of  arrest;  but  notice  shall  be  given 
thereof  without  delay  to  the  Legislative  Body ; and  the  pros- 
ecution can  be  continued  only  after  the  Legislative  Body 
shall  have  decided  that  there  is  occasion  for  accusation. 

Chapter  II.  Of  the  Royalty,  the  Regency, 
and  the  Ministers. 

Section  I.  Of  the  royalty  and  the  King. 

1.  Royalty  is  indivisible  and  is  delegated  hereditarily  to 
the  ruling  family,  from  male  to  male,  by  order  of  primogeni- 
ture, to  the  perpetual  exclusion  of  females  and  their  descend- 
ants. 

(Nothing  is  presumed  about  the  effect  of  renunciations  in 
the  actually  ruling  family.) 

2.  The  person  of  the  King  is  inviolable  and  sacred : his 
only  title  is  King  of  the  French. 

3.  There  is  no  authority  in  France  superior  to  that  of  the 
law;  the  King  reigns  only  by  it  and  it  is  only  in  the  name  of 
the  law  that  he  can  demand  obedience. 

4.  The  King,  upon  his  accession  to  the  throne  or  as  soon 
as  he  shall  have  attained  his  majority,  shall  take  to  the  na- 
tion, in  the  presence  of  the  Legislative  Body,  the  oath  to  be 
faithful  to  the  nation  and  the  law,  to  employ  all  the  power 

which  is  delegated  to  him  to  maintain  the  constitution  decreed 
by  the  National  Constituent  Assembly  in  the  years  1789,  1790, 
and  1791,  and  to  cause  the  laws  to  be  executed. 

If  the  legislative  body  is  not  assembled  the  King  shall 


CONSTITUTION  OP  1701 


I 


cause  a proclamation  to  be  published,  in  which  shall  be  set 
forth  this  oath  and  the  promise  to  reiterate  it  as  soon  as  the 
Legislative  Body  shall  assemble. 

5.  If,  one  month  after  the  invitation  of  the  Legislative 
Body,  the  King  shall  not  have  taken  this  oath,  or  if,  after  hav- 
ing taken  it,  he  retracts  it,  he  shall  be  considered  to  have  abdi- 
cated the  royalty. 

6.  If  the  King  puts  himself  at  the  head  of  an  army  and 
directs  the  forces  thereof  against  the  nation,  or  if  he  does  not 
by  a formal  instrument  place  himself  in  opposition  to  any  such 
enterprise  which  may  be  conducted  in  his  name,  he  shall  be 
considered  to  have  abdicated  the  royalty. 

7.  If  the  King,  having  left  the  kingdom,  should  not  return 
after  the  invitation  which  may  be  made  to  him  for  that  pur- 
pose by  the  Legislative  Body  and  within  the  period  which  shall 
be  fixed  by  the  proclamation,  which  cannot  be  less  than  twro 
months,  he  shall  be  considered  to  have  abdicated  the  royalty. 

The  period  shall  begin  to  run  from  the  day  when  the  pro- 
clamation of  the  Legislative  Body  shall  have  been  published  in 
the  place  of  its  sittings;  and  the  ministers  shall  be  required 
under  their  responsibility  to  perform  all  the  acts  cf  the  ex- 
ecutive power,  whose  exercise  shall  be  suspended  in  the  hands 
of  the  absent  King. 

8.  After  the  express  or  legal  abdication,  the  King  shall  be 
in  the  class  of  citizens  and  can  be  accused  and  tried  like  them 
for  acts  subsequent  to  his  abdication. 

9.  The  individual  estates  which  the  King  possesses  upon 
his  accession  to  the  throne  are  irrevocably  united  to  the  do- 
main of  the  nation : he  has  the  disposal  of  those  which  he  ac- 
quires by  personal  title ; if  he  does  not  dispose  of  them  they 
are  likewise  united  at  the  end  of  the  reign. 

10.  The  nation  provides  for  the  splendor  of  the  throne  by 
r.  civil  list,  of  which  the  Legislative  Body  shall  determine  the 
sum  at  each  change  of  reign  for  the  entire  duration  of  the 
reign. 

11.  The  King  shall  appoint  an  administrator  of  the  civil 
list,  who  shall  conduct  the  judicial  actions  of  the  King,  and 
against  whom  all  the  actions  against  the  King  shall  be  direct- 
ed and  judgments  pronounced.  The  judgments  obtained  by  the 


72 


CONSTITUTION  OF  1791 


creditors  of  the  civil  list  shall  be  executory  against  the  admin- 
istrator personally  and  upon  his  own  estates. 

12.  The  King  shall  have,  independently  of  the  guard  of 
honor  which  shall  be  furnished  him  by  the  citizen  national 
guards  of  the  place  of  his  residence,  a guard  paid  out  of  the 
funds  of  the  civil  list ; it  shall  not  exceed  the  number  of 
twelve  hundred  infantrymen  and  six  hundred  cavalrymen. 

The  grades  and  the  regulations  for  promotion  in  it  shall  be 
the  same  as  in  the  troops  of  the  line ; but  those  who  shall  com 
pose  the  guard  of  the  King  shall  advance  for  all  the  grades  ex- 
clusively among  themselves,  and  they  cannot  obtain  any  of 
those  in  the  army  of  the  line. 

The  King  can  choose  the  men  of  his  guard  only  from 
among  those  who  are  actually  in  active  service  in  the  troops 
of  the  line,  or  from  among  the  citizens  who  for  a year  past 
have  done  service  as  national  guards,  provided  they  be  resi- 
dents of  the  kingdom  and  have  previously  taken  the  civic  oath. 

The  guard  of  the  King  cannot  be  ordered  or  requisitioned 
for  any  other  public  service. 

Section  II.  Of  the  regency. 

x.  The  King  is  a minor  until  he  is  fully  eighteen  years  old ; 
and  during  his  minority  there  is  a regent  of  the  kingdom. 

2.  The  regency  belongs  to  the  kinsman  of  the  King  near- 
est in  degree,  according  to  the  order  of  inheritance  to  the 
throne,  and  fully  twenty-five  years  of  age,  provided  that  he  be 
French  and  native  born,  that  he  be  not  heir  presumptive  of  an- 
other crown,  and  that  he  has  previously  taken  the  civic  oath. 

Women  are  excluded  from  the  regency. 

3.  If  a minor  King  has  no  kinsman  uniting  the  qualifica- 
tions above  set  forth,  the  regent  of  the  kingdom  shall  be  elect- 
ed as  provided  in  the  following  articles. 

4.  The  Legislative  Body  cannot  elect  the  regent. 

5.  The  electors  of  each  district  shall  meet  at  the  head- 
town  of  the  district,  according  to  a proclamation  which  shall 
be  made  in  the  first  week  of  the  new  reign  by  the  Legislative 
Body,  if  it  is  assembled ; and  if  it  is  separated,  the  minister  of 
justice  shall  be  required  to  issue  this  proclamation  within  the 
same  week. 


CONSTITUTION  OF  1791 


73 


6.  The  electors  in  each  district  shall  appoint,  by  individual 
ballot  and  majority  of  the  votes,  an  eligible  citizen 
domiciled  within  the  district,  to  whom  they  shall  give,  by  the 
minutes  of  the  election,  a special  mandate  limited  to  the  single 
function  of  electing  the  citizen  whom  he  shall  judge,  upon 
his  soul  and  his  conscience,  the  most  worthy  to  be  elected 
regent  of  the  realm. 

7.  The  mandatory  citizens  appointed  by  the  districts  shall 
be  required  to  meet  in  the  city  where  the  Legislative  Body  is 
to  hold  its  sitting,  on  the  fortieth  day  at  the  latest  from  the 
accession  of  the  minor  King  to  the  throne,  and  they  shall  form 
the  electoral  assembly  which  shall  proceed  to  the  appointment 
of  the  regent. 

8.  The  election  of  the  regent  shall  be  made  by  individual 
ballot  and  by  majority  of  the  votes. 

9.  The  electoral  assembly  shall  be  able  to  occupy  itself 
only  with  the  election  and  shall  separate  as  soon  as  the  election 
shall  be  concluded ; any  other  act  which  it  may  undertake  to 
do  is  declared  unconstitutional  and  void. 

10.  The  electoral  assembly  shall  cause  the  minutes  of  the 
election  to  be  presented  by  its  president  to  the  Legislative  Body, 
which,  after  having  verified  the  regularity  of  the  election,  shall 
cause  it  to  be  published  in  all  the  kingdom  by  a proclamation. 

11.  The  regent  exercises,  until  the  majority  of  the  King, 
all  the  functions  of  royalty,  and  he  is  not  personally  respon- 
sible for  the  acts  of  his  administration. 

12.  The  regent  can  begin  the  exercise  of  his  functions  only 
after  having  taken  to  the  nation,  in  the  presence  of  the  Legis- 
lative Body,  the  oath  to  be  faithful  to  the  nation,  the  law,  and 
the  King;  to  employ  all  the  power  delegated  to  the  King,  and 
the  exercise  of  which  is  confided  to  him  during  the  minority  of 
the  King,  to  maintain  the  constitution  decreed  by  the  National 
Constituent  Assembly  in  the  years  1789.  1790,  and  1791.  and  io 
cause  the  laws  to  be  executed. 

If  the  Legislative  Body  is  not  assembled,  the  regent  shall 
cause  a proclamation  to  be  published  in  which  shall  be  ex- 
pressed this  oath  and  the  promise  to  repeat  it  as  soon  as  the 
Legislative  Body  shall  be  assembled. 

13.  As  long  as  the  regent  has  not  entered  upon  the  exer- 
cise of  his  functions,  the  sanction  of  the  laws  remains  sus- 


74 


CONSTITUTION  OF  1791 


pended ; the  ministers  continue  to  perform  under  their  respon 
sibility  all  the  acts  of  the  executive  power. 

14.  As  soon  as  the  regent  shall  have  taken  the  oath,  the 
Legislative  Body  shall  determine  his  stipend,  which  cannot  be 
changed  during  the  continuance  of  the  regency. 

15.  If,  on  account  of  the  minority  of  the  kinsman  sum- 
moned to  the  regency,  it  shall  have  devolved  upon  a more 
remote  kinsman,  or  shall  have  been  bestowed  by  election,  the 
regent  who  shall  have  entered  upon  the  exercise  of  it  shall 
continue  his  functions  until  the  majority  of  the  King. 

16.  The  regency  of  the  kingdom  does  not  confer  any  right 
over  the  person  of  the  minor  King. 

17.  The  custody  of  the  minor  King  shall  be  confided  to  his 
mother  ; and  if  he  has  no  mother,  or  if  she  has  been  married 
again  at  the  time  of  the  accession  of  her  son  to  the  throne, 
or  if  she  marries  again  during  the  minority,  the  custody  shall 
be  bestowed  by  the  Legislative  Body. 

Neither  the  regent  and  his  descendants,  nor  women,  can  be 
elected  to  the  guardianship  of  the  minor  King. 

18.  In  case  of  notoriously  recognized  insanity  of  the  King, 
legally  established  and  declared  by  the  Legislative  Body  after 
three  deliberations  taken  successively  from  month  to  month, 
there  shall  be  occasion  for  a regency  as  long  as  the  insanity 
lasts. 

Section  III.  Of  the  family  of  the  King. 

1.  The  heir  presumptive  shall  bear  the  name  of  Prince 
Royal. 

He  cannot  leave  the  kingdom  without  a decree  of  the  Leg- 
islative Body  and  the  consent  of  the  King. 

If  he  does  leave  it,  and  if,  having  reached  the  age  of  eigh- 
teen years,  he  does  not  return  to  France  after  having  been 
required  to  do  so  by  a proclamation  of  the  Legislative  Body, 
he  is  considered  to  have  abdicated  the  right  of  succession  to 
the  throne. 

2.  If  the  heir  presumptive  is  a minor,  the  kinsman  of  full 
age  first  summoned  to  the  regency  is  required  to  reside  within 
the  kingdom. 

In  case  he  may  have  left  it  and  should  not  return  upon 
the  requisition  of  the  Legislative  Body,  he  shall  be  considered 
to  have  abdicated  his  right  to  the  regency. 


CONSTITUTION  OF  1791 


75 


3.  The  mother  of  the  minor  King,  having  his  custody,  or 
the  elected  guardian,  if  they  leave  the  kingdom,  are  deprived 
of  the  custody. 

If  the  mother  of  the  minor  heir  presumptive  should  leave 
the  realm,  she  cannot,  even  after  her  return,  have  the  custody 
of  her  minor  son  who  has  become  King,  except  by  a decree  of 
the  Legislative  Body. 

4.  A law  shall  be  made  to  govern  the  education  of  the 
minor  King  and  that  of  the  heir  presumptive. 

5.  The  members  of  the  family  of  the  King  entitled  to  the 
eventual  succession  to  the  throne  enjoy  the  rights  of  active 
citizenship,  but  they  are  not  eligible  to  any  of  the  places,  em- 
ployments, or  functions  which  are  at  the  disposal  of  the  people. 

With  the  exception  of  the  departments  of  the  ministry, 
they  are  eligible  to  the  places  and  employments  at  the  disposal 
of  the  King ; nevertheless,  they  shall  not  command  in  chief 
any  military  or  naval  forces,  nor  fulfill  the  functions  of  am- 
bassadors, except  with  the  consent  of  the  Legislative  Body, 
granted  upon  the  proposal  of  the  King. 

6.  The  members  of  the  family  of  the  King  entitled  to 
eventual  succession  to  the  throne  shall  add  the  denomination 
of  French  Prince  to  the  name  which  shall  have  been  given 
them  in  the  civil  certificate  attesting  their  birth,  and  this  name 
cannot  be  patronymical  nor  formed  from  any  of  the  titles  abol- 
ished by  the  present  constitution. 

The  denomination  of  prince  cannot  be  given  to  any  other 
person  and  it  shall  not  bestow  any  privilege  nor  any  exception 
to  the  rights  common  to  all  Frenchmen. 

7.  The  certificates  by  which  shall  be  attested  the  births, 
marriages,  and  deaths  of  the  French  princes  shall  be  presented 
to  the  Legislative  Body,  which  shall  order  the  deposit  of  them 
in  its  archives. 

8.  No  real  estate  appanage  shall  be  granted  to  members  of 
the  family  of  the  King. 

The  younger  sons  of  the  King  shall  receive  at  the  age  of 
twenty-one  years  or  at  the  time  of  their  marriage  an  appan- 
aged  income  which  shall  be  fixed  by  the  Legislative  Body  and 
shall  terminate  with  the  extinction  of  their  masculine  posterity. 


76 


CONSTITUTION  OF  1791 


Section  IV.  Of  the  ministers. 

1.  The  choice  and  dismissal  of  the  ministers  shall  belong 
to  the  King  alone. 

2.  The  members  of  the  present  National  Assembly  and  of 
the  legislatures  following,  the  members  of  the  tribunal  of  cas- 
sation, and  those  who  shall  serve  on  the  high  jury,  cannot  be 
promoted  to  the  ministry,  nor  receive  any  place,  gift,  pension, 
stipend,  or  commission  from  the  executive  power  or  from 
its  agents,  during  the  continuance  of  their  functions,  in  or  for 
two  years  after  having  ceased  the  exercise  of  them. 

It  shall  be  the  same  with  those  who  are  only  enrolled  upon 
the  list  of  the  high  jury,  during  the  time  that  their  enroll- 
ment shall  continue. 

3.  No  one  can  enter  upon  the  exercise  of  any  employment 
eitner  in  the  offices  of  the  ministry  or  in  those  of  the  man- 
agement or  administration  of  the  public  revenues  nor  in 
general  any  employment  at  the  nomination  of  the  executive 
power,  without  taking  the  civic  oath,  or  without  proving  that 
he  has  taken  it. 

4.  No  order  of  the  King  can  be  executed  unless  it  is 
signed  by  him  and  countersigned  by  the  minister  or  adminis- 
trator of  the  department. 

5.  The  ministers  are  responsible  for  all  the  offences  com- 
mitted by  themselves  against  the  national  security  and  the 
cons  fitution  ; 

For  every  attack  upon  property  and  personal  liberty; 

For  all  waste  of  monies  appropriated  for  the  expenses  of 
their  departments. 

6.  In  no  case  can  the  order  of  the  King,  verbal  or  in 
writing,  shield  a minister  from  his  responsibility. 

7.  The  ministers  are  required  to  present  each  year  to  the 
Legislative  Body  at  the  opening  of  the  session  an  estimate  of 
the  expenditures  to  be  made  in  their  departments,  to  render 
account  of  the  employment  of  the  sums  which  were  appropria- 
ted for  them,  and  to  indicate  the  abuses  which  may  have  been 
able  to  introduce  themselves  into  the  different  parts  of  the 
government. 

8.  No  minister,  in  office  or  out  of  office,  can  be  prosecuted 
for  any  acts  of  his  administration,  without  a decree  of  the 
Legislative  Body. 


CONSTITUTION  OP  1791 


77 


Chapter  III.  Of  the  Exercise  of  the  Legislative  Power. 

Section  I.  Powers  and  functions  of  the  National  Legisla- 
tive Assembly. 

i.  The  constitution  delegates  exclusively  to  the  Legisla- 
tive Body  the  following  powers  and  functions : 

ist.  To  propose  and  enact  the  laws:  the  King  can  only 
invite  the  Legislative  Body  to  take  the  matter  under  consid- 
eration ; 

2d.  To  fix  the  public  expenditures; 

3d.  To  establish  the  public  taxes,  to  determine  the  na> 
ture  of  them,  the  quota,  the  duration,  and  the  mode  of  col- 
lection ; 

4th.  To  make  the  apportionment  of  the  direct  tax  among 
the  departments  of  the  kingdom,  to  supervise  the  employment 
of  all  the  public  revenues,  and  to  cause  an  account  of  them  to 
be  rendered ; 

5th.  To  decree  the  creation  or  suppression  of  public  offices ; 

6th.  To  determine  the  title,  weight,  stamp,  and  denom- 
ination of  the  monies ; 

7th.  To  permit  or  forbid  the  introduction  of  foreign 
troops  upon  French  soil  and  foreign  naval  forces  in  the  ports  of 
the  kingdom ; 

8th.  To  determine  annually,  after  the  proposal  of  the  King, 
the  number  of  men  and  vessels  of  which  the  land  and 
naval  forces  shall  be  composed : the  pay  and  the  number  of 
persons  of  each  grade;  the  rules  for  admission  and  promotion, 
the  forms  of  enrollment  and  discharge,  the  formation  of  ship 
crews ; the  admission  of  troops  or  foreign  forces  into  the  ser- 
vice of  France,  and  the  treatment  of  troops  in  case  of  disband- 
ment ; 

9th.  To  determine  upon  the  administration  and  to  order 
the  alienation  of  the  national  lands ; 

10th.  To  institute  before  the  High  National  Court  legal 
proceedings  for  securing  the  responsibility  of  the  ministers  and 
the  principal  agents  of  the  executive  power ; 

To  accuse  and  to  prosecute  before  the  same  court  those 
who  shall  be  charged  with  attacks  and  conspiracies  against  the 
general  security  of  the  State  or  against  the  constitution ; 

nth.  To  establish  laws  according  to  which  purely  per- 


78 


CONSTITUTION  OF  1701 


sonal  marks  of  honor  or  decorations  shall  be  granted  to  those 
who  have  rendered  services  to  the  State; 

12th.  The  Legislative  Body  alone  has  the  right  to  award 
public  honors  to  the  memory  of  great  men. 

2.  War  can  be  declared  only  by  a decree  of  the  Legislative 
Body,  rendered  upon  the  formal  and  indispensable  proposal 
of  the  King,  and  sanctioned  by  him. 

In  case  hostilities  are  imminent  or  already  begun,  or  in 
case  of  an  alliance  to  Sustain  or  a right  to  preserve  by  force 
of  arms,  the  King  shall  give  notification  of  it  without  delay  to 
the  Legislative  Body  and  shall  make  known  the  causes  thereof. 
If  the  Legislative  Body  is  in  recess  the  King  shall  convoke  it 
immediately. 

If  the  Legislative  Body  decides  that  war  ought  not  to  be 
made,  the  King  shall  take  measures  immediately  to  cause  the 
cessation  or  prevention  of  all  hostilities,  the  ministers  remain- 
ing responsible  for  delays. 

If  the  Legislative  Body  finds  the  hostilities  already  com- 
menced to  be  a culpable  aggression  on  the  part  of  the  ministers 
or  of  any  other  agent  of  the  executive  power,  the  author  of  the 
aggression  shall  be  prosecuted  criminally. 

During  the  entire  course  of  the  war  the  Legislative  Body 
can  require  the  King  to  negotiate  for  peace ; and  the  King  is 
required  to  yield  to  this  requisition. 

As  soon  as  the  war  shall  have  ceased  the  Legislative  Body 
shall  fix  the  period  within  which  the  troops  raised  in  excess  of 
the  peace  footing  shall  be  discharged  and  the  army  reduced  to 
its  usual  condition. 

3.  The  ratification  of  treaties  of  peace,  alliance,  and  com- 
merce belongs  to  the  Legislative  Body;  and  no  treaty  shall 
have  effect  except  by  this  ratification. 

4.  The  Legislative  Body  has  the  right  to  determine  the 
place  of  its  sittings,  to  continue  them  as  long  as  it  shall  judge 
necessary,  and  to  adjourn.  At  the  beginning  of  each  reign,  if 
it  is  not  in  session,  it  shall  be  required  to  reassemble  without 
delay. 

It  has  the  right  of  police  over  the  place  of  its  sittings,  and 
over  the  environs  which  it  shall  have  determined. 

It  has  the  right  of  discipline  over  its  members ; but  it  can- 


CONSTITUTION  OF  1791 


79 


not  impose  punishment  more  severe  than  censure,  arrest  for 
eight  days,  or  imprisonment  for  three  days. 

It  has  the  right,  for  its  security  and  for  the  maintenance  of 
the  respect  that  is  due  to  it,  to  dispose  of  the  forces,  which 
with  its  own  consent  shall  be  established  in  the  city  where  it 
shall  hold  its  sittings. 

5.  The  executive  power  cannot  cause  any  body  of  troops 
of  the  line  to  pass  or  sojourn  within  thirty  thousand  toises  of 
the  Legislative  Body,  except  upon  its  requisition  or  with  its 
authorisation. 

Section  II.  Holding  of  the  meetings  and  the  form  of  de- 
liberation. 

1.  The  deliberations  of  the  Legislative  Body  shall  be  pub- 
lic and  the  minutes  of  its  sittings  shall  be  printed 

2.  The  Legislative  Body,  nevertheless,  shall  be  able  at  any 
time  to  form  itself  into  committee  of  the  whole. 

Fifty  members  shall  have  the  right  to  require  it. 

During  the  continuance  of  the  committee  of  the  whole  the 
clerks  shall  retire,  the  chair  of  the  president  shall  be  vacant ; 
order  shall  be  maintained  by  the  vice-president. 

3.  No  legislative  act  shall  be  deliberated  upon  or  decreed, 
except  in  the  following  form. 

4.  There  shall  be  three  readings  of  the  project  for  a de- 
cree at  three  intervals,  each  of  which  shall  not  be  less  than 
eight  days. 

5.  The  discussion  shall  be  open  after  each  reading ; never- 
theless, after  the  fiist  or  second  reading,  the  Legislative  Body 
may  declare  that  there  is  need  for  adjournment  or  that  there  is 
no  need  for  consideration  of  it ; but  in  this  last  case,  the  pro- 
ject for  a decree  can  be  presented  again  in  the  same  session. 

Every  project  for  a decree  shall  be  printed  and  distributed 
before  the  second  reading  of  it  can  be  given. 

6.  After  the  third  reading,  the  president  shall  be  required 
to  put  in  deliberation  and  the  Legislative  Body  shall  decide 
whether  it  finds  itself  in  condition  to  render  a definitive  de- 
cree or  whether  it  wishes  to  postpone  the  decision  to  another 
time  in  order  to  receive  more  ample  enlightenment. 

7.  The  Legislative  Body  cannot  deliberate  unless  the  sitting 


8o 


CONSTITUTION  OF  1701 


is  composed  of  at  least  two  hundred  members,  and  no  decree 
shall  be  passed  except  by  a majority  of  the  votes. 

8.  No  project  of  law  which,  submitted  to  discussion,  shall 
have  been  rejected  after  the  third  reading  can  be  presented 
again  in  the  same  session. 

9.  The  preamble  of  every  definitive  decree  shall  announce 

expressly:  1st,  the  dates  of  the  sittings  at  which  the  three 

readings  of  the  project  shall  have  occurred;  2d,  the  decree  by 
which,  after  the  third  reading,  it  shall  have  been  determined 
to  decide  definitively. 

10.  The  King  shall  refuse  his  sanction  to  a decree  whose 
preamble  does  not  attest  the  observation  of  the  above  forms : 
if  any  one  of  these  decrees  be  sanctioned,  the  ministers  shall 
not  seal  it  and  promulgate  it,  and  their  responsibility  in  this 
respect  shall  last  for  six  years. 

11.  The  decrees  recognized  and  declared  urgent  by  a prior 
declaration  of  the  Legislative  Body  are  excepted  from  the 
above  provisions ; but  they  can  be  modified  or  revoked  in  the 
course  of  the  same  session. 

The  decree  by  which  the  matter  shall  have  been  declared 
urgent  shall  set  forth  the  motives  thereof ; and  there  shall  be 
mention  made  of  this  prior  decree  in  the  preamble  of  the 
definitive  decree. 

Section  III.  Of  the  royal  sanction. 

1.  The  decrees  of  the  Legislative  Body  are  presented  to  the 
King,  who  can  refuse  his  consent  to  them. 

2.  In  the  case  where  the  King  refuses  his  consent,  this 
refusal  is  only  suspensive. 

When  the  two  legislatures  following  that  which  shall  have 
presented  the  decree  shall  have  again  presented  the  same  de- 
cree in  the  same  terms,  the  King  shall  be  considered  to  have 
given  the  sanction. 

3.  The  consent  of  the  King  is  expressed  upon  each  decree 

by  this  formula  signed  by  the  King:  The  King  consents  and 

will  cause  it  to  be  executed. 

The  suspensive  refusal  is  expressed  by  this : The  King 

will  examine. 

4.  The  King  is  required  to  express  his  consent  or  his  re- 
fusal upon  each  decree  within  two  months  from  the  presenta- 
tion. 


CONSTITUTION  OP  1791 


81 


5.  No  decree  to  which  the  King  has  refused  his  consent 
can  be  presented  again  by  the  same  legislature. 

6.  The  decrees  sanctioned  by  the  King  and  those  which 
shall  have  been  presented  by  three  consecutive  legislatures  have 
the  force  of  law,  and  bear  the  name  and  title  of  laws. 

7.  The  following  are  executed  as  laws,  without  being  sub- 
ject to  the  sanction:  The  acts  of  the  Legislative  Body  con- 

cerning its  constitution  in  deliberative  assembly; 

Its  internal  police,  and  that  which  it  is  allowed  t©  exercise 
in  the  environs  which  it  shall  have  determined ; 

The  verification  of  the  powers  of  its  members  in  attend- 
ance ; 

The  orders  to  the  absent  members ; 

The  convocation  of  the  primary  assemblies  which  are  late ; 

The  exercise  of  the  constitutional  police  over  tne  admin- 
istrators and  the  municipal  officers ; 

Questions  either  of  eligibility  or  of  the  validity  of  elections. 

In  like  manner,  neither  the  acts  relative  to  the  responsi- 
bility of  the  ministers  nor  the  decrees  providing  that  there  is 
cause  for  accusation  are  subject  to  the  sanction. 

8.  The  decrees  of  the  Legislative  Body  concerning  the 
establishment,  the  promulgation,  and  the  collection  of  the  public 
taxes  shall  bear  the  name  and  the  title  of  laws.  They  shall  be 
promulgated  and  executed  without  being  subject  to  the  sanc- 
tion, except  for  the  provisions  which  establish  penalties  other 
than  fines  and  pecuniary  constraints. 

These  decrees  cannot  be  rendered  except  after  the  observa- 
tion of  the  formalities  prescribed  by  articles  4,  5,  6,  7,  8,  and  9 
of  section  II  of  the  present  chapter;  and  the  Legislative  Body 
shall  not  insert  in  them  any  provision  foreign  to  their  purpose. 

Section  IV.  Relations  of  the  Legislative  Body  with  the 
King. 

1.  When  the  Legislative  Body  is  definitively  constituted,  it 
sends  to  the  King  a deputation  in  order  to  inform  him  thereof, 
‘the  King  can  each  year  open  the  session  and  can  bring  for- 
ward the  matters  which  he  believes  ought  to  be  taken  into  con- 
sideration in  the  course  of  that  session,  without  this  formality, 
nevertheless,  being  considered  as  necessary  for  the  activity  of 
the  Legislative  Body. 


82 


CONSTITUTION  OF  1791 


2.  When  the  Legislative  Body  wishes  to  adjourn  beyond 
fifteen  days,  it  is  required  to  notify  the  King  thereof  by  a depu- 
tation at  least  eight  days  in  advance. 

3.  At  least  eight  days  before  the  end  of  each  session,  the 
Legislative  Body  sends  to  the  King  a deputation,  in  order  to  an- 
nounce to  him  the  day  whereon  it  proposes  to  terminate  its 
sittings.  The  King  can  come  to  close  the  session. 

4.  If  the  King  thinks  it  important  for  the  welfare  of  the 
State  that  the  session  be  continued,  or  that  the  adjournment 
should  not  occur,  or  that  it  should  occur  only  for  a shorter 
time,  he  can  send  a message  to  that  effect,  upon  which  the  Leg- 
islative Body  is  required  to  deliberate. 

5.  The  King  shall  convoke  the  Legislative  Body  during  the 
intermission  of  its  sessions,  whenever  the  interests  of  the  State 
appear  to  him  to  require  it,  as  well  as  in  the  cases  which  have 
been  provided  for  and  determined  by  the  Legislative  Body 
before  its  adjournment. 

6.  Whenever  the  King  repairs  to  the  place  of  the  sittings 
of  the  Legislative  Body,  he  shall  be  received  and  conducted  by 
a deputation ; he  cannot  be  accompanied  within  the  interior  of 
the  hall  except  by  the  Prince  Royal  and  the  ministers. 

7.  In  no  case  can  the  president  make  up  part  of  a depu- 
tation. 

8.  The  Legislative  Body  shall  cease  to  be  a deliberative 
body  as  long  as  the  King  shall  be  present. 

9.  The  documents  of  the  correspondence  of  the  King  with 
the  Legislative  Body  shall  always  be  countersigned  by  a min- 
ister. 

10.  The  ministers  of  the  King  shall  have  entrance  into 
the  National  Legislative  Assembly;  they  shall  have  a desig- 
nated place  there. 

They  shall  be  heard,  whenever  they  shall  demand  it,  upon 
matters  relative  to  their  administrations  or  when  they  shall 
be  required  to  give  information. 

They  shall  likewise  be  heard  upon  matters  foreign  to  their 
administrations  when  the  National  Assembly  shall  grant  them 
the  word. 

Chapter  IV.  Of  the  Exercise  of  the  Executive  Power. 

1.  The  supreme  executive  power  resides  exclusively  in  the 
hands  of  the  King. 


CONSTITUTION  OF  1701 


33 


The  King  is  the  supreme  head  of  the  general  administration 
of  the  kingdom ; the  task  of  looking  after  the  maintenance  of 
public  order  and  tranquility  is  confided  to  him. 

The  King  is  the  supreme  head  of  the  army  and  navy. 

The  task  of  looking  after  the  external  security  of  the  king- 
dom and  of  maintaining  its  rights  and  possessions  is  delegated 
to  the  King. 

2.  The  King  appoints  the  ambassadors  and  other  agents  of 
political  negotiations. 

He  confers  the  command  of  the  armies  and  fleets,  and  the 
grades  of  marshal  and  admiral. 

He  appoints  two-thirds  of  the  rear-admirals,  half  of  the 
lieutenant  generals,  camp-marshals,  ship-captains,  and  colonels 
of  the  national  gendarmerie. 

He  appoints  two-thirds  of  the  colonels  and  lieutenant  col- 
onels, and  a sixth  of  the  ship-lieutenants. 

All  of  these  conforming  to  the  laws  upon  promotion. 

He  appoints  in  the  civil  administration  of  the  navy  the 
managers,  comptrollers,  treasurers  of  the  arsenals,  heads  of 
the  works,  under-chiefs  of  civil  buildings,  and  half  of  the 
heads  of  administration  and  under-chiefs  of  construction. 

He  appoints  the  commissioners  before  the  tribunals. 

He  appoints  the  officers-in-chief  for  the  administrations 
of  the  indirect  taxes  and  for  the  administration  of  the  national 
lands. 

He  superintends  the  coining  of  the  monies,  and  appoints 
the  officers  charged  with  the  exercise  of  this  surveillance  in  the 
general  commission  and  in  the  mints. 

The  image  of  the  King  is  stamped  upon  all  the  monies  of 
the  kingdom. 

3.  The  King  causes  to  be  delivered  the  letters-patent,  war- 
rants, and  commissions,  to  public  functionaries  or  others  who 
ought  to  receive  them. 

4.  The  King  causes  to  be  drawn  up  the  list  of  the  pensions 
and  gratuities,  in  order  to  be  presented  to  the  Legislative  Body 
at  each  of  its  sessions  and  to  be  decreed,  if  there  is  need 
thereof. 

Section  I.  Of  the  promulgation  of  the  laws. 

1.  The  executive  power  is  charged  to  cause  the  laws  to  be 


84 


CONSTITUTION  OF  1791 


sealed  with  the  seal  of  the  State  and  to  cause  them  to  be  pro- 
mulgated. 

It  is  likewise  charged  to  cause  to  be  promulgated  and  to  be 
executed  the  acts  of  the  Legislative  Body  which  do  not  need 
the  sanction  of  the  King. 

2.  There  shall  be  made  two  original  copies  of  each  law, 
both  signed  by  the  King,  countersigned  by  the  minister  of 
justice,  and  sealed  with  the  seal  of  the  State. 

One  shall  remain  On  deposit  in  the  archives  of  the  seal, 
and  the  other  shall  be  placed  in  the  archives  of  the  Legisla- 
tive Body. 

3.  The  promulgation  shall  be  thus  expressed : 

“N.  (the  name  of  the  King),  by  the  grace  of  God  and  by 
the  constitutional  law  of  the  State,  King  of  the  French,  to  all 
present  and  to  come,  greeting.  The  National  Assembly  has 
decreed  and  we  wish  and  order  as  follows 

(A  literal  copy  of  the  decree  shall  be  inserted  without  any 
change.) 

“We  command  and  order  to  all  the  administrative  bodies 
and  the  tribunals  that  they  cause  these  presents  to  be  recorded 
in  their  registers,  read,  published,  and  posted  in  their  respective 
departments  and  jurisdictions,  and  executed  as  law  of  the 
kingdom.  In  testimony  whereof  we  have  signed  these  presents, 
to  which  we  have  caused  to  be  affixed  the  seal  of  the  State.” 

4.  If  the  King  is  a minor,  the  laws,  proclamations,  and 
other  documents  emanating  from  the  royal  authority  during 
the  regency  shall  be  expressed  as  follows : 

“N.  (the  name  of  the  regent),  regent  of  the  kingdom,  in 
the  name  of  N.  (the  name  of  the  King),  by  the  grace  of  God 
and  by  the  constitutional  law  of  the  State,  King  of  the  French, 
etc.,  etc.” 

5.  The  executive  power  is  required  to  send  the  laws  to  the 
administrative  bodies  and  the  tribunals,  to  cause  the  trans- 
mission to  be  certified,  and  to  give  proof  thereof  to  the  Leg- 
islative Body. 

6.  The  executive  power  cannot  make  any  law,  even  pro- 
visionally, but  only  proclamations  in  conformity  with  the  laws 
to  order  or  call  to  mind  the  execution  of  them. 


CONSTITUTION  OP  1791 


85 


Section  II,  Of  the  internal  administration. 

1.  In  each  department  there  is  a superior  administration, 
and  in  each  district  a subordinate  administration. 

2.  The  administrators  do  not  have  any  representative 
character. 

They  are  agents  elected  at  stated  times  by  the  people  to 
exercise,  under  the  surveillance  and  authority  of  the  King,  the 
administrative  functions. 

3.  They  cannot  interfere  in  the  exercise  of  the  legislative 
power,  nor  suspend  the  execution  of  the  laws,  nor  encroach 
in  any  manner  upon  the  judiciary,  nor  upon  the  military  ar- 
rangements or  operations. 

4.  The  administrators  are  essentially  charged  with  the 
apportionment  of  the  direct  taxes  and  the  surveillance  of  the 
monies  arising  from  all  the  public  taxes  and  revenues  in  their 
territory. 

It  belongs  to  the  legislative  power  to  determine  the  regu- 
lations and  the  mode  of  their  functions,  upon  the  matters 
above  expressed  as  well  as  upon  all  the  other  parts  of  the  in- 
ternal administration. 

5.  The  King  has  the  right  to  annul  the  acts  of  the  depart- 
ment administrators  which  are  contrary  to  the  laws  or  to  the 
orders  which  shall  have  been  addressed  to  them. 

He  can  suspend  them  from  their  functions,  in  case  of  per- 
sistent disobedience,  or  if  they  compromise  by  their  acts  the 
public  security  or  tranquility.  r 

6.  The  department  administrators,  likewise,  have  the  right 
to  annul  the  acts  of  the  district  sub-administrators  which  are 
contrary  to  the  laws  or  to  the  decisions  of  the  department 
administrators  or  to  the  orders  which  these  latter  shall  have 
given  or  transmitted.  They  can,  likewise,  suspend  them  from 
their  functions  in  case  of  persistent  disobedience  or  if  these 
latter  compromise  by  their  acts  the  public  security  or  tranquil- 
ity, provided  that  notification  thereof  be  given  to  the  King 
who  can  remove  or  confirm  the  suspension. 

7.  When  the  department  administrators  shall  not  have 
used  the  power  which  is  delegated  to  them  in  the  article  above, 
the  King  can  annul  directly  the  acts  of  the  sub-administrators 
and  suspend  them  in  the  same  cases. 

8.  Whenever  the  King  shall  have  pronounced  or  confirmed 


86 


CONSTITUTION  OF  1791 


the  suspension  of  administrators  or  sub-administrators,  he 
shall  give  notice  thereof  to  the  Legislative  Body. 

This  [body]  shall  be  able  to  remove  the  suspension  or 
confirm  it,  or  even  dissolve  the  guilty  administration  and,  if 
there  is  need,  send  all  the  administrators  or  any  of  them  to 
the  criminal  tribunals  or  bring  against  them  the  decree  of 
accusation. 

Section  III.  Of  the  external  relations. 

1.  The  King  alone  can  enter  upon  political  relations 
abroad,  conduct  negotiations,  make  preparations  for  war  pro- 
portioned to  those  of  the  neighboring  States,  distribute  the 
forces  of  the  army  and  the  navy  as  he  shall  deem  suitable  and 
control  the  direction  thereof  in  case  of  war. 

2.  Every  declaration  of  war  shall  be  made  in  these  terms : 
On  the  part  of  the  King  of  the  French,  in  the  name  of  the 
nation. 

3.  It  belongs  to  the  King  to  conclude  and  sign  with  all 
foreign  powers  all  treaties  of  peace,  alliance,  and  commerce, 
and  all  other  conventions  which  he  shall  deem  necessary  for 
the  welfare  of  the  State,  subject  to  the  ratification  of  the  Leg- 
islative Body. 


Chapter  V.  Of  the  Judicial  Power. 

1.  The  judicial  power  cannot  in  any  case  be  exercised  by 
the  Legislative  Body  nor  by  the  King. 

2.  Justice  shall  be  rendered  gratuitously  by  judges  elected 
at  stated  times  by  the  people  and  instituted  by  letters  patent 
of  the  King,  who  cannot  refuse  them. 

They  cannot  be  removed  except  for  duly  pronounced  for- 
feiture, nor  suspended  save  by  an  accepted  accusation. 

The  public  accuser  shall  be  chosen  by  the  people. 

3.  The  tribunals  cannot  interfere  in  the  exercise  of  the 
legislative  power,  nor  suspend  the  execution  of  the  laws,  nor 
encroach  upon  the  administrative  functions,  nor  cite  before 
them  the  administrators  on  account  of  their  functions. 

4.  Citizens  cannot  be  deprived  of  the  judges  whom  the  law 
assigns  to  them  by  any  commission  nor  by  other  attributions 
and  evocations  than  those  determined  by  the  laws. 


CONSTITUTION  OF  1791 


87 


5.  The  right  of  citizens  to  terminate  definitively  their  con- 
troversies by  means  of  arbitration  cannot  be  impaired  by  the 
acts  of  the  legislative  power. 

6.  The  ordinary  tribunals  cannot  entertain  any  civil  action 
unless  it  should  be  shown  to  them  that  the  parties  have  ap- 
peared, or  that  the  plaintiff  has  cited  the  adverse  party  before 
mediators,  in  order  to  obtain  a conciliation. 

7.  There  shall  be  one  or  several  justices  of  the  peace  in  the 
cantons  and  cities ; the  number  thereof  shall  be  determined  by 
the  legislative  power. 

8.  It  belongs  to  the  legislative  power  to  regulate  the  num- 
ber and  the  districts  of  the  tribunals,  and  the  number  of  the 
judges  of  which  each  tribunal  shall  be  composed. 

9.  In  criminal  matters  no  citizen  can  be  tried  except  upon 
an  accusation  received  by  the  jurors  or  decreed  by  the  Legis- 
lative Body,  in  the  cases  where  the  preferring  of  the  accusation 
belongs  to  it. 

After  the  accusation  has  been  accepted,  the  facts  shall  be 
recognized  and  declared  by  the  jurors. 

The  accused  shall  have  the  right  to  reject  up  to  twenty  of 
these  without  giving  reasons. 

The  jurors  who  shall  declare  the  facts  cannot  be  less  than 
twelve  in  number. 

The  application  of  the  law  shall  be  made  by  the  judges. 

The  proceedings  shall  be  public  and  the  assistance  of  coun- 
sel shall  not  be  refused  to  the  accused. 

No  man  acquitted  by  a legal  jury  can  be  taken  again  or 
accused  on  account  of  the  same  act. 

10.  No  man  can  be  seized  except  in  order  to  be  brought 
before  the  police  officer ; and  no  man  can  be  put  under  arrest 
or  detained,  except  in  virtue  of  a warrant  from  police  officers, 
an  order  of  arrest  from  a tribunal,  a decree  of  accusation  of 
the  Legislative  Body,  in  case  the  decision  belongs  to  it,  or  of 
a sentence  of  condemnation  to  prison  or  correctional  de- 
tention. 

11.  Every  man  seized  and  brought  before  the  police  officers 
shall  be  examined  immediately,  or  at  the  latest  within  twenty- 
four  hours. 

If  it  results  from  the  examination  that  there  is  no  ground 
for  incrimination,  he  shall  be  set  at  liberty  immediately;  or 


CONSTITUTION  OF  179i 


if  there  is  occasion  for  sending  him  to  jail,  he  shall  be  taken 
there  within  the  briefest  possible  interval,  which  in  any  case 
shall  not  exceed  three  days. 

12.  No  arrested  man  can  be  kept  in  confinement  in  any 
case  in  which  the  law  permits  remaining  free  under  bail,  if  he 
gives  sufficient  bail. 

13.  No  man,  in  a case  in  which  his  detention  is  authorised 
by  law,  can  be  brought  to  or  confined  except  in  the  places 
legally  and  publicly  designated  to  serve  as  jail,  court  house, 
or  prison. 

14.  No  custodian  nor  jailer  can  receive  or  confine  any  man 
except  in  virtue  of  a warrant  or  order  of  arrest,  decree  of  ac- 
cusation or  sentence  mentioned  in  article  10  above,  and  unless 
the  transcript  thereof  has  been  made  upon  his  register. 

15.  Every  custodian  or  jailer  is  required,  without  any  or- 
der being  able  to  dispense  therewith,  to  present  the  person  of 
the  prisoner  to  the  civil  officer  having  the  police  of  the  jail, 
whenever  it  shall  be  required  by  him. 

In  like  manner  the  presentation  of  the  person  of  the  pris- 
oner cannot  be  refused  to  his  kinsmen  and  friends  bearing 
the  order  of  the  civil  officer,  who  shall  always  be  required  to 
grant  it,  unless  the  custodian  or  jailer  presents  an  order  of 
the  judge,  transcribed  upon  his  register,  to  keep  the  accused 
in  secret. 

16.  Any  man,  whatever  may  be  his  place  or  his  employ- 
ment, other  than  those  to  whom  the  law  gives  the  right  of 
arrest,  who  shall  give,  sign,  execute  or  cause  to  be  executed  an 
order  of  arrest  for  a citizen,  or  anyone,  who,  even  in  the  case 
of  arrest  authorised  by  law,  shall  conduct,  receive,  or  retain 
a citizen  in  a place  of  detention  not  publicly  and  legally  desig- 
nated, and  any  custodian  or  jailer  who  shall  contravene  the 
provisions  of  articles  14  and  15  above  shall  be  guilty  of  the 
crime  of  arbitrary  imprisonment. 

17.  No  man  can  be  questioned  or  prosecuted  on  account 
of  writings  which  he  shall  have  caused  to  be  printed  or  pub- 
lished upon  any  matter  whatsoever,  unless  he  may  have  in- 
tentionally instigated  disobedience  to  the  law,  contempt  for  the 
constituted  authorities,  resistance  to  their  acts,  or  any  of  the 
acts  declared  crimes  or  offences  by  the  law. 

Criticism  upon  the  acts  of  the  constituted  authorities  is 


CONSTITUTION  OF  1791 


89 


permitted;  but  wilful  calumnies  against  the  probity  of  the  pub- 
lic functionaries  and  the  rectitude  of  their  intentions  in  the 
exercise  of  their  functions  can  be  prosecuted  by  those  who  are 
the  object  of  them. 

Calumnies  and  injuries  against  any  persons  whatsoever 
relative  to  acts  of  their  private  life  shall  be  punished  upon 
their  prosecutions. 

18.  No  one  can  be  tried  either  by  civil  or  criminal  process 
for  written,  printed,  or  published  facts,  unless  it  has  been 
recognized  and  declared  by  a jury:  1st,  whether  there  is  an 
offence  in  the  writing  denounced ; 2d,  whether  the  prosecuted 
person  is  guilty. 

19.  There  shall  be  for  all  the  kingdom  a single  tribunal  of 
cassation,  established  near  the  Legislative  Body.  Its  functions 
shall  be  to  pronounce : 

Upon  petitions  in  cassation  against  the  judgments  rendered 
in  the  last  resort  by  the  tribunals ; 

Upon  petitions  for  transfer  from  one  tribunal  to  another, 
on  account  of  legitimate  suspicion ; 

Upon  orders  of  judges  and  the  charges  of  prejudice  against 
an  entire  tribunal. 

20.  In  matters  of  cassation  the  tribunal  of  cassation  shall 
never  be  able  to  take  jurisdiction  over  the  facts  of  suits;  but, 
after  having  quashed  the  judgment  rendered  upon  a proceeding 
in  which  the  forms  shall  have  been  violated,  or  which  shall 
contain  an  express  contravention  of  the  law,  it  shall  remand 
the  facts  of  the  trial  to  the  tribunal  which  ought  to  have  juris- 
diction therein. 

21.  When  after  two  cassations,  the  judgment  of  the  third 
tribunal  shall  be  attacked  by  the  same  means  as  the  first  two, 
the  question  shall  not  be  further  discussed  in  the  tribunal  of 
cassation  without  having  been  submitted  to  the  Legislative 
Body,  which  shall  pass  a decree  declaratory  of  the  law,  to 
which  the  tribunal  of  cassation  shall  be  required  to  conform. 

22.  Each  year  the  tribunal  of  cassation  shall  be  required 
to  send  to  the  bar  of  the  Legislative  Body  a deputation  of  eight 
of  its  members,  who  shall  present  to  it  the  list  of  the  judg- 
ments rendered,  along  with  each  of  which  shall  be  a condensed 


90 


CONSTITUTION  OF  1791 


account  of  the  suit  and  the  text  of  the  law  which  shall  have 
determined  the  decision. 

23.  A high  national  court,  formed  of  members  of  the  trib- 
unal of  cassation  and  of  high  jurors,  shall  have  jurisdiction 
over  the  offences  of  the  ministers  and  principal  agents  of  the 
executive  power,  and  over  crimes  which  shall  assail  the  general 
security  of  the  State,  when  the  Legislative  Body  shall  have 
rendered  a decree  of  accusation. 

It  shall  not  assemble  except  upon  the  decree  of  the  Legis- 
lative Body,  and  only  at  a distance  of  at  least  thirty  thousand 
toises  from  the  place  where  the  Legislative  Body  shall  hold 
its  sittings. 

24.  The  writs  of  execution  of  the  tribunals  shall  be  ex- 
pressed as  follows : 

“N.  (the  name  of  the  King),  by  the  grace  of  God  and  by 
constitutional  law  of  the  State,  King  of  the  French,  to  all 

present  and  to  come,  greeting.  The  tribunal  of 

has  rendered  the  following  judgment:” 

( Here  shall  be  copied  the  judgment,  in  which  mention 
shall  be  made  of  the  names  of  the  judges.) 

“We  command  and  order  to  all  bailiffs,  upon  this  requisi- 
tion, to  put  the  said  judgment  into  execution;  to  our  commis- 
sioners before  the  tribunals,  to  support  them ; and  to  all  com- 
mandants and  officers  of  the  public  forces,  to  lend  assistance, 
when  they  shall  be  legally  summoned  thereto.  In  testimony 
of  which,  the  present  judgment  has  been  signed  by  the  pres- 
ident of  the  tribunal  and  the  clerk.” 

25.  The  functions  of  the  commissioners  of  the  King  before 
the  tribunals  shall  be  to  require  the  observation  of  the  laws  in 
tire  judgments  rendered,  and  to  cause  the  judgments  rendered 
to  be  executed. 

They  shall  not  be  public  accusers,  but  they  shall  be  heard 
upon  all  accusations  and  shall  make  demand  for  the  regularity 
of  the  forms,  during  the  course  of  the  proceedings,  and  for 
the  application  of  the  law  before  the  sentence. 

26.  The  commissioners  of  the  King  before  the  tribunals 
shall  denounce  to  the  foreman  of  the  jury,  either  ex-officio  or 
in  consequence  of  the  orders  which  shall  be  given  them  by  the 
King : 

Attacks  upon  the  personal  liberty  of  the  citizens,  against 


CONSTITUTION  OF  1791 


91 


the  free  circulation  of  provisions  and  other  articles  of  com- 
merce, and  against  the  collection  of  the  taxes ; 

Offences  by  which  the  execution  of  the  orders  given 
by  the  King  in  the  exercise  of  the  functions  which  are  delegat- 
ed to  him  may  be  disturbed  or  interfered  with ; 

Attacks  upon  international  law ; 

And  revolts  ag&inst  the  execution  of  the  judgments  and 
of  all  the  executory  acts  emanating  from  the  constituted 
powers. 

27.  The  minister  of  justice  shall  denounce  to  the  tribunal 
of  cassation,  by  means  of  the  commissioner  of  the  King,  and 
without  prejudice  to  the  rights  of  the  interested  parties,  the 
acts  in  which  the  judges  may  have  exceeded  the  limits  of  their 
power. 

The  tribunal  shall  annul  them ; and,  if  they  give  occasion 
for  forfeiture,  the  fact  shall  be  denounced  to  the  Legislative 
Body,  which  shall  render  the  decree  of  accusation,  if  thefe  is 
need,  and  shall  send  the  accused  before  the  high  national  court. 

TITLE  IV.  OF  THE  PUBLIC  FORCE. 

1.  The  public  force  is  instituted  in  order  to  defend  the 
State  against  enemies  from  abroad,  and  to  assure  within  the 
maintenance  of  order  and  the  execution  of  the  laws. 

2.  It  is  composed  of  the  army  and  the  navy,  of  the  troops 
especially  intended  for  internal  service,  and  subsidiarily  of  the 
active  citizens  and  their  children,  in  condition  to  bear  arms, 
registered  upon  the  roll  of  the  national  guard. 

3.  The  national  guards  form  neither  a military  body  nor 
an  institution  within  the  State ; they  are  the  citizens  them- 
selves summoned  to  service  in  the  public  force. 

4.  The  citizens  can  never  take  the  form  nor  act  as  national 
guards,  except  in  virtue  of  a requisition  or  of  a legal  author- 
isation. 

5.  They  are  subject  in  this  capacity  to  an  organization  de- 
termined by  the  law. 

They  can  have  but  one  common  discipline  and  one  com- 
mon uniform  in  the  whole  kingdom. 

The  distinctions  of  rank  and  subordination  exist  only  in 
relation  to  the  service  and  during  its  continuance. 


92 


CONSTITUTION  OP  1791 


6.  The  officers  are  elected  at  stated  times  and  they  can  be 
re-elected  only  after  an  interval  of  service  as  soldiers. 

No  one  shall  command  the  national  guard  of  more  than 
one  district. 

7.  All  parts  of  the  public  force  employed  for  the  security 
of  the  State  against  enemies  from  abroad  shall  act  under 
the  orders  of  the  King. 

8.  No  corps  nor  detachment  of  troops  of  the  line  can  act  in 
the  interior  of  the  kingdom  without  a legal  requisition. 

9.  No  agent  of  the  public  force  can  enter  into  the  house 
of  a citizen,  except  for  the  execution  of  the  warrants  of  police 
and  justice,  or  in  the  cases  expressly  provided  for  by  law. 

10.  The  requisition  of  the  public  force  within  the  interior 
of  the  realm  belongs  to  the  civil  officers,  according  to  the 
regulations  determined  by  the  legislative  power. 

11.  If  disorders  disturb  an  entire  department,  the  King, 
limber  the  responsibility  of  his  ministers,  shall  give  the  neces- 
sary orders  for  the  execution  of  the  laws  and  for  the  re-estab- 
lishment of  order,  but  subject  to  informing  the  Legislative 
Body  thereof,  if  it  is  assembled,  and  of  convoking  it,  if  it  is 
in  recess. 

12.  The  public  force  is  essentially  obedient;  no  armed  body 
can  deliberate. 

13.  The  army  and  navy  and  the  troops  designed  for  the 
internal  security  are  subject  to  special  laws,  in  the  matter  of 
military  offences,  both  for  the  maintenance  of  discipline  and 
for  the  form  of  the  trials  and  the  nature  of  the  penalties. 

TITLE  V.  OF  THE  PUBLIC  TAXES. 

1.  The  public  taxes  are  considered  and  fixed  each  year  by 
the  Legislative  Body  and  they  shall  not  remain  in  force  be- 
yond the  last  day  of  the  following  session,  unless  they  have 
been  expressly  renewed. 

2.  Under  no  pretext  shall  the  funds  necessary  for  the  dis- 
charge of  the  national  debt  and  the  payment  of  the  civil  list 
be  refused  or  suspended. 

The  compensation  of  the  ministers  of  the  Catholic  sect, 
pensioned,  maintained,  elected,  or  appointed  in  virtue  of  the 
decrees  of  the  National  Assembly,  makes  part  of  the  national 
debt. 


CONSTITUTION  OF  1791 


93 


The  Legislative  Body  shall  not  in  any  case  charge  the  na- 
tion with  the  payment  of  the  debts  of  any  person. 

3.  The  detailed  accounts  of  the  expenditure  of  the  minis- 
terial departments,  signed  and  certified  bv  the  ministers  or 
ordainers-general,  shall  be  made  public  by  means  of  print- 
ing at  the  beginning  of  the  sessions  of  each  legislature. 

Likewise  there  shall  be  lists  of  the  receipts  from  the  differ- 
ent taxes  and  of  all  the  public  revenues. 

The  lists  of  these  expenses  and  receipts  shall  be  distin- 
guished according  to  their  nature,  and  shall  show  the  sums  re- 
ceived and  expended  year  by  year  in  each  district. 

The  particular  expenses  of  each  department  relative  to  the 
tribunals,  the  administrative  bodies  and  other  establishments, 
shall  likewise  be  made  public. 

4.  The  department  administrators  and  sub-administra- 
tors shall  not  establish  any  public  tax,  nor  make  any  appor- 
tionment beyond  the  time  and  sums  fixed  by  the  Legislative 
Body,  nor  consider  or  permit,  without  being  authorised  by  it, 
any  local  loan  at  the  expense  of  the  citizens  of  the  department. 

5.  The. . executive  department  directs  and  supervises  the 
collection  and  disbursement  of  the  taxes  and  gives  all  the  nec- 
essary orders  for  that  purpose. 

TITLE  VI.  OF  THE  RELATIONS  OF  THE  FRENCH  NATION 
WITH  FOREIGN  NATIONS. 

The  French  nation  renounces  the  undertaking  of  any  war 
with  a view  to  making  conquests,  and  will  never  employ  its 
forces  against  the  liberty  of  any  people. 

The  constitution  does  not  admit  the  right  of  aubaine. 

Foreigners,  established  in  France  or  not,  inherit  from  their 
French  or  foreign  kinsmen. 

They  can  contract  for,  acquire,  and  receive  estates  situated 
in  France  and  dispose  of  them  just  as  any  French  citizen  by 
all  the  methods  authorised  by  the  laws. 

Foreigners  who  chance  to  be  in  France  are  subject  to  the 
same  criminal  and  police  laws  as  the  French  citizens,  saving 
the  conventions  arranged  with  the  foreign  powers ; their  per- 
sons, their  estates,  their  business,  their  religion,  are  likewise 
protected  by  the  law. 


94 


CONSTITUTION  OF  1791 


TITLE  VII.  OF  THE  REVISION  OF  THE  CONSTITUTIONAL 
DECREES. 

1.  The  National  Constituent  Assembly  declares  that  the 
nation  has  the  imprescriptible  right  to  change  its  constitution: 
nevertheless,  considering  that  it  is  more  conformable  to  the 
national  interests  to  make  use  of  the  right  only  to  reform,  by 
the  means  provided  in  the  constitution  itself,  the  articles  of 
which  experience  shall  have  made  the  inconveniences  felt, 
decrees  that  it  shall  proceed  by  an  assembly  of  revision  in  the 
following  form. 

2.  When  three  consecutive  legislatures  shall  have  expressed 
a uniform  wish  for  the  amendment  of  some  constitutional 
article,  the  revision  demanded  shall  take  place. 

3.  The  next  legislature  and  the  one  following  shall  not 
propose  the  alteration  of  any  constitutional  article. 

4.  Of  the  three  legislatures  which  may  one  after  another 
propose  any  changes,  the  first  two  shall  occupy  themselves 
with  that  matter  only  in  the  last  two  months  of  their  last  ses- 
sion and  the  third  only  at  the  end  of  its  first  session  or  at  the 
beginning  of  the  second. 

Their  deliberations  upon  this  matter  shall  be  subject  to 
the  same  forms  as  the  legislative  acts ; but  the  decrees  by 
which  they  shall  have  expressed  their  wish  shall  not  be  sub- 
ject to  the  sanction  of  the  King. 

5.  The  fourth  legislature,  augmented  by  two  hundred  and 
forty-nine  members  elected  in  each  department  by  doubling  the 
usual  number  which  it  furnishes  for  its  population,  shall  form 
the  Assembly  of  Revision. 

These  two  hundred  and  forty-nine  members  shall  be  elected 
after  the  selection  of  the  representatives  of  the  Legislative 
Body  shall  have  been  concluded  and  there  shall  be  a separate 
record  made  of  it. 

The  Assembly  of  Revision  shall  be  composed  of  only  one 
chamber. 

6.  The  members  of  the  third  legislature  which  shall  have 
requested  the  alteration  cannot  be  elected  to  the  Assembly  of 
Revision. 

7.  The  members  of  the  Assembly  of  Revision,  after  having 
pronounced  in  unison  the  oath  to  live  free  or  to  die,  shall  take 
individually  that  “to  confine  themselves  to  pass  upon  the  mat- 


CONSTITUTION  OF  1791 


95 


ters  which  shall  have  been  submitted  to  them  by  the  uniform 
wish  of  the  three  preceding  legislatures ; to  maintain,  besides, 
with  all  their  power  the  constitution  of  the  kingdom,  decreed 
by  the  National  Constituent  Assembly  in  the  years  1789,  1790, 
and  1791,  and  in  everything  to  be  faithful  to  the  nation,  the 
law,  and  the  King.” 

8.  The  assembly  of  revision  shall  be  required  to  occupy 
itself  afterwards  and  without  delay  with  the  matters  which 
shall  have  been  submitted  to  its  examination : as  soon  as  its 
work  shall  be  concluded,  the  two  hundred  forty-nine  members 
in  augmentation  shall  retire,  without  power  to  take  part  in  any 
case  in  legislative  acts. 

[Miscellaneous  Provisions.] 

The  French  colonies  and  possessions  in  Asia,  Africa,  and 
America,  although  they  make  up  part  of  the  French  Empire, 
are  not  included  in  the  present  constitution. 

None  of  the  authorities  instituted  by  the  constitution  has 
the  right  to  change  it  in  its  entirety  or  in  its  parts,  saving  the 
alterations' which  can  be  made  in  it  by  way  of  revision  in  con- 
formity with  the  provisions  of  title  vu  above. 

The  National  Constituent  Assembly  delivers  it  as  a trust 
to  the  fidelity  of  the  Legislative  Body,  the  King,  and  the 
judges,  to  the  vigilance  of  the  fathers  of  families,  to  the  wives 
and  the  mothers,  to  the  affection  of  the  young  citizens,  to  the 
courage  of  all  the  French. 

The  decrees  rendered  by  the  National  Constituent  Assembly 
which  are  not  included  in  the  constitutional  act,  shall  be  ex- 
ecuted as  laws,  and  the  prior  laws  which  have  not  been  ab- 
rogated. shall  likewise  be  observed,  in  so  far  as  the  one  or  the 
other  have  not  been  revoked  or  modified  by  the  legislative 
power. 

The  National  Assembly  having  heard  the  reading  of  the 
above  constitutional  act,  and  after  having  approved  it,  declares 
that  the  constitution  is  completed  and  that  it  cannot  be  furth- 
er changed. 

There  shall  be  appointed  immediately  a deputation  of  sixty 
members  to  offer  wdthin  the  day,  the  constitutional  act  to  the 
King. 


96 


ACCEPTANCE  OF  THE  CONSTITUTION 


16.  The  King’s  Acceptance  of  the  Constitution. 

September  13,  1791.  Honiteur,  September  14,  1791  (Reimprcs- 
iion,  IX,  655). 

This  document  was  read  to  the  Constituent  Assembly  in  ex- 
planation of  the  King's  acceptance  of  No.  15.  Three  features  call 
for  particular  notice:  (1)  the  official  defence  of  the  King’s  flight, 
(2)  the  interpretation  placed  upon  the  revision  recently  effected 
in  the  final  draft  of  the  constitution,  (3)  the  attitude  of  the 
King  towards  the  general  course  of  the  Revolution  and  especially 
towards  the  new  constitution. 

Reference.  Aulard,  Revolution  Fra.ncaise,  164-166. 

Gentlemen : I have  examined  attentively  the  constitutional 

act  which  you  have  presented  to  me  for  my  acceptance;  I 
accept  it  and  shall  cause  it  to  be  executed.  This  declaration 
might  have  sufficed  at  another  time ; today  I owe  it  to  the  in- 
terests of  the  nation,  I owe  it  to  myself,  to  make  known  my 
reasons. 

Let  everyone  recall  the  moment  at  which  I went  away  from 
Paris : the  constitution  was  on  the  point  of  completion,  never- 
theless the  authority  of  the  laws  seemed  to  become  enfeebled 
every  day.  Opinion,  far  from  becoming  fixed,  was  subdividing 
into  a multitude  of  parties.  The  most  extreme  opinions  alone 
seemed  to  obtain  favor,  the  license  of  the  press  was  at  the 
highest  pitch,  no  authority  was  respected.  I could  no  longer 
recognize  the  mark  of  the  general  will  in  the  laws  which  I 
saw  everywhere  without  force  and  without  execution.  At  that 
time,  I am  bound  to  declare,  if  you  had  presented  the  consti- 
tution to  me,  I should  not  have  believed  that  the  interest  of  the 
people  (the  constant  and  sole  rule  of  my  conduct)  would 
permit  me  to  accept  it.  I had  only  one  feeling,  I formed  only 
one  project;  I wished  to  isolate  myself  from  all  the  parties  and 
to  know  what  was  truly  the  will  of  the  nation. 

The  considerations  which  were  controlling  me  no  longer 
remain  today ; since  then  the  inconveniences  and  evils  of  which 
I was  complaining  have  impressed  you  as  they  did  me;  you 
have  manifested  a desire  to  re-establish  order,  you  have  direct- 
ed your  attention  to  the  lack  of  discipline  in  the  army,  you  have 
recognized  the  necessity  of  repressing  the  abuses  of  the  press. 
The  revision  of  your  work  has  put  in  the  number  of  the  regu- 


THE  .REJECTED  DECREES 


97 


lative  laws  several  articles  which  had  been  presented  to  me  a: 
constitutional.  You  have  established  legal  forms  for  the  re- 
vision of  those  which  you  have  placed  in  the  constitution. 
Finally,  the  opinion  of  the  people  is  to  me  no  longer  doubtful : 
I have  seen  it  manifested  both  in  their  adhesion  to  your  work 
and  their  attachment  to  the  maintenance  of  the  monarchical 
government. 

I accept  then  the  constitution.  I take  the  engagement  to 
maintain  it  within,  to  defend  it  against  attacks  from  without, 
and  to  cause  it  to  be  executed  by  all  the  means  which  it 
places  in  my  power.  I declare  that,  instructed  by  the  adhesion 
which  the  great  majority  of  the  people  give  to  the  constitution, 
I renounce  the  co-operation  which  I had  claimed  in  that  work ; 
and  that,  being  responsible  only  to  the  nation,  no  other,  when 
I renounce  it,  has  the  right  to  complain  thereof.  I should  be 
lacking  in  sincerity,  however,  if  I said  that  I perceived  in  the 
means  of  execution  and  administration,  all  the  energy  which 
may  be  necessary  in  order  to  give  motion  to  and  to  preserve 
unity  in  all  the  parts  of  so  vast  an  empire;  but  since  opinions 
at  present  are  divided  upon  these  matters,  I consent  that  ex- 
perience alone  remain  judge  therein.  When  I shall  have  loyal- 
ly caused  to  operate  all  the  means  which  have  been  left  to  me, 
no  reproach  can  be  aimed  at  me,  and  the  nation,  whose  interest 
alone  ought  to  serve  as  rule,  will  explain  itself  by  the  means 
which  the  constitution  has  reserved  to  it. 

Signed,  Louis. 


17.  The  Rejected  Decrees. 


The  Legislative  Assembly  began  its  sittings  October  1,  1791. 
Among  the  many  difficult  questions  confronting  it  were  those  of 
the  Emigres  and  the  non-juring  clergy.  These  decrees  represent 
the  Assembly's  solution  of  these  problems.  Both  were  rejected  by 
the  King.  This  rejection  was  a leading  factor  in  producing  both 
the  declaration  of  war  against  Austria  and  the  overthrow  of  the 
Monarchy. 

References.  Gardiner,  French  Revolution , 100-102  ; Stephens, 
French  Revolution,  II,  31-39  ; Lavisse  and  Rambaud,  Histoire  Gen- 
erate, VIII,  125-126. 

A.  Decree  upon  the  ^Emigres.  November  9,  1791.  Duver- 
gier,  Lois,  IV,  14-15. 


4 


98 


THE  REJECTED  DECREES 


The  National  Assembly,  considering  that  the  tranquility 
and  security  of  the  kingdom  require  it  to  take  prompt  and 
effective  measures  against  Frenchmen  who,  despite  the  am- 
nesty, do  not  cease  to  plot  abroad  against  the  French  consti- 
tution, and  that  it  is  time  finally  to  repress  severely  those 
whom  indulgence  has  not  been  able  to  reclaim  to  the  duties 
and  sentiments  of  free  citizens,  has  declared  that  there  is 
urgency  for  the  following  decree,  and  the  decree  of  urgency 
being  previously  rendered,  has  decreed  as  follows : 

1.  The  Frenchmen  mustered  beyond  the  frontiers  of  the 
kingdom  are  from  this  moment  declared  suspects  for  conspir- 
acy against  the  fatherland. 

2.  If  on  the  ist  of  January  next  they  are  still  in  a state  of 
muster,  they  shall  be  declared  guilty  of  conspiracy;  they  shall 
be  prosecuted  as  such  and  punished  with  death. 

3.  As  to  the  French  princes  and  public  functionaries,  civil 
and  ecclesiastical,  and  those  who  were  such  at  the  date  of  their 
departure  from  the  kingdom,  their  absence  at  the  above  cited 
date  of  the  ist  of  January,  1792,  shall  make  them  guilty  of  the 
same  crime  of  conspiracy  against  the  fatherland ; they  shall 
be  punished  with  the  penalty  provided  in  the  preceding  art- 
icle. 

5.  The  incomes  of  the  conspirators  condemned  in  contu- 
macy shall  be  collected  during  their  lifetime  for  the  benefit  of 
the  nation,  without  prejudice  to  the  rights  of  their  wives,  chil- 
dren, and  lawful  creditors. 

13.  Every  Frenchman  who,  outside  of  the  kingdom,  shall 
engage  and  enroll  persons  to  repair  to  the  musters  mentioned 
in  articles  1 and  2 of  the  present  decree  shall  be  punished  with 
death,  in  conformity  with  the  law  of  October  6,  1790.  The 
same  penalty  shall  apply  to  every  person  who  shall  commit 
the  same  crime  in  France. 

14.  The  National  Assembly  charges  its  diplomatic  commit- 
tee to  propose  to  it  the  measures  which  the  King  shall  be 
prayed  to  take  in  the  name  of  the  nation  with  respect  to  the 
adjacent  foreign  powers  which  permit  upon  their  territories 
the  musters  of  French  fugitives. 


THE  REJECTED  DECREES 


99 


B.  Decree  upon  the  Non-Juring  Clergy.  November  29, 
1791.  Duvergier,  Lois , IV,  20-22. 

The  National  Assembly,  after  having  heard  the  report  of 
the  civil  commissioners  sent  into  the  department  of  the  Vendee, 
the  petitions  of  a large  number  of  citizens,  and  the  report  of 
the  committee  of  civil  and  criminal  legislation  upon  the  dis- 
turbances excited  in  several  departments  of  the  kingdom  by 
the  enemies  of  the  public  welfare,  under  pretext  of  religion ; 

Considering  that  the  social  contract  ought  to  bind,  as  it 
ought  equally  to  protect,  all  the  members  of  the  State ; 

That  it  is  important  to  define,  without  ambiguity,  the  terms 
of  that  engagement,  in  order  that  a confusion  in  its  words  may 
not  effect  one  in  its  ideas;  that  the  oath,  purely  civic,  is  the 
surety  which  every  citizen  ought  to  give  of  his  fidelity  to  the 
law  and  of  his  attachment  to  society,  and  that  difference  of 
religious  opinions  cannot  be  an  impediment  to  the  taking  of  the 
oath,  since  the  constitution  secures  to  every  citizen  complete 
liberty  of  his  opinions  in  the  matter  of  religion,  provided  that 
their  expression  does  not  disturb  order , or  involve  acts  injur- 
ious to  the  public  security; 

That  the  minister  of  a sect,  in  refusing  to  recognize  the 
constitutional  act  which  authorises  him  to  profess  his  religious 
opinions,  without  setting  over  against  him  any  other  obligation 
than  respect  for  the  order  established'  by  the  law  and  for  the 
public  security,  would  announce,  by  this  refusal  itself,  that  it 
was  his  intention  not  to  respect  them ; 

That  in  determining  not  to  recognize  the  law,  he  volun- 
tarily renounces  the  advantages  which  that  law  alone  can 
guarantee ; 

That  the  National  Assembly,  eager  to  devote  itself  to  the 
great  matters  which  call  for  its  attention  for  the  consolidation 
of  credit  and  the  system  of  finances,  with  regret  sees  itself 
obliged  to  first  turn  its  attention  to  the  disorders  which  have 
a tendency  to  compromise  all  parts  of  the  public  service,  by 
preventing  the  prompt  assessment  and  peaceable  collection  of 
the  taxes ; 

That  in  tracing  the  source  of  these  disorders  it  has  heard 
the  voice  of  all  the  citizens  clearly  proclaiming  the  authority 
of  that  great  truth,  that  religion  is  for  the  enemies  of  the  con- 


100 


THE  REJECTED  DECREES 


stitution  only  a pretext  of  which  they  make  an  ill  use  and  an 
instrument  of  which  they  venture  to  avail  themselves  in  order 
to  disturb  the  earth  in  the  name  of  heaven ; 

That  their  mysterious  offences  easily  escape  ordinary  meas- 
ures, which  do  not  get  hold  of  the  clandestine  ceremonies  in 
which  their  plots  are  enveloped  and  by  which  they  exercise 
over  consciences  an  invisible  authority; 

That  it  is  time  finally  to  pierce  these  obscurities,  in  order 
that  the  peaceable  and  well  intentioned  citizen  may  be  distin- 
guished from  the  turbulent  priest  and  contriver  who  mourns 
for  the  ancient  abuses  and  does  not  pardon  the  revolution  for 
having  destroyed  them ; 

That  these  considerations  imperatively  demand  that  the 
Legislative  Body  should  take  ample  political  measures  to  re- 
press the  factious  who  cover  their  conspiracies  with  a sacred 
veil ; 

That  the  efficiency  of  these  measures  depends  in  great  part 
upon  the  patriotism,  prudence  and  firmness  of  the  municipal 
and  administrative  bodies  and  the  energy  which  their  impetus 
can  communicate  to  all  the  other  constituted  authorities ; 

That  the  department  administrations,  especially,  can  under 
the  circumstances  render  the  greatest  service  to  the  nation 
and  cover  themselves  with  glory  by  making  haste  to  re- 
spond to  the  confidence  of  the  National  Assembly,  which  will 
always  be  pleased  to  distinguish  their  zeal,  but  which  at  the 
same  time  will  punish  severely  the  public  functionaries  whose 
lack  of  zeal  in  the  execution  of  the  law  may  have  the  appear- 
ance of  a tacit  connivance  with  the  enemies  of  the  constitu- 
tion ; 

That,  finally,  it  is  especially  to  the  progress  of  sane  reason 
and  well  directed  public  opinion  that  it  is  reserved  to  achieve 
the  triumph  of  the  law,  to  open  the  eyes  of  the  inhabitants  of 
the  country  districts  to  the  perfidious  interest  of  those  who 
wish  to  make  them  believe  that  the  constituent  legislators  have 
laid  hands  upon  the  religion  of  their  fathers,  and  to  prevent 
for  French  honor,  in  the  age  of  enlightenment  the  renewal  of 
the  horrible  scenes  by  which  superstition  has  unhappily  only 
too  often  soiled  their  history  in  the  ages  in  which  the  ignor- 
ance of  the  people  was  one  of  the  forces  of  the  government ; 


THE  REJECTED  DECREES 


IOI 


The  National  Assembly,  having  previously  decreed  urgency, 
decrees  as  follows : 

x.  Within  a week,  dating  from  the  publication  of  this  de- 
cree, all  ecclesiastics  other  than  those  who  have  conformed  to 
the  decree  of  November  27  last  shall  be  required  to  present 
themselves  before  the  municipality  of  the  place  of  their  domi- 
cile, to  take  there  the  civic  oath  in  the  terms  of  article  5 of 
title  11  of  the  constitution,  and  to  sign  the  record,  which  shall 
be  signed  without  expense  to  them. 

3.  Those  of  the  clergymen  of  the  Catholic  sect  who  have 
given  the  example  of  submission  to  the  laws  and  of  attachment 
to  their  fatherland  in  taking  the  civic  oath,  according  to  the 
form  prescribed  by  the  decree  of  November  27,  1790,  and  who 
have  not  retracted  it,  are  dispensed  from  any  new  formality ; 
they  are  to  be  without  exception  maintained  in  all  the  rights 
which  have  been  attributed  to  them  by  preceding  decrees. 

4.  As  to  the  other  ecclesiastics,  none  of  them  may  hence- 
forth receive,  claim,  or  obtain  pension  or  salary  out  of  the 
Public  Treasury,  except  by  presenting  proof  of  the  taking  of 
the  civic  oath,  in  conformity  with  article  1 above. 

6.  Besides  the  forfeiture  of  all  salary  and  pension,  the 
ecclesiastics  who  shall  have  refused  to  take  the  civic  oath,  or 
who  shall  retract  it  after  having  taken  it,  by  this  refusal  or  this 
retraction  shall  be  reputed  suspects  of  revolt  against  the  law 
and  of  bad  intention  against  the  fatherland  and  as  such  shall 
be  more  especially  submitted  to  and  recommended  to  the  sur- 
veillance of  all  the  constituted  authorities. 

7.  In  consequence,  every  ecclesiastic  having  refused  to'  take 
the  civic  oath  (or  who  shall  retract  it  after  having  taken  it) 
who  is  present  in  a commune  wherein  there  shall  occur  dis- 
turbances of  which  religious  opinions  shall  be  the  cause  or 
pretext  may  be  provisionally  removed  from  the  place  of  his 
usual  domicile  in  virtue  of  an  order  of  the  department  direc- 
tory upon  the  notification  of  that  of  the  district,  without 
prejudice  to  the  denunciation  to  the  tribunals,  according  to 
the  gravity  of  the  circumstances. 

8.  In  case  of  disobedience  to  the  order  of  the  department 
directory  the  offenders  shall  be  prosecuted  in  the  tribunals  and 


102 


LETTER  TO  KING  OF  PRUfeSIA 


punished  by  imprisonment  in  the  head-town  of  the  department. 
The  term  of  this  imprisonment  shall  not  exceed  one  year. 


18.  Letter  of  Louis  XVI  to  the  King  of  Prussia. 


December  3,  1791.  Feuillet  De  Conches,  Louis  XVI,  Marie  An- 
toinette et  Madame  Elizabeth,  IV,  269-271. 

This  letter  is  selected  out  of  many  written  from  the  French 
court  in  1791-1792,  suggesting  or  soliciting  outside  interference 
in  behalf  of  the  authority  of  the  King.  At  the  time  the  existence 
of  this  correspondence,  though  strongly  suspected,  was  not  pos- 
itively known. 


Paris,  December  3,  1791. 

Monsieur  my  Brother,  I have  learned  through  M.  du  Mous- 
tier  of  the  interest  which  Your  Majesty  had  expressed  not  only 
for  my  person,  but  also  for  the  welfare  of  my  kingdom.  The 
disposition  of  Your  Majesty  towards  me  in  giving  these  proofs, 
in  all  the  cases  where  that  interest  might  be  useful  for  the  wel- 
fare of  my  people,  has  warmly  aroused  my  sensibility.  I lay 
claim  to  it  with  confidence  in  this  moment,  wherein,  despite 
the  acceptance  which  I have  made  of  the  new  Constitution, 
the  factions  openly  exhibit  the  project  of  destroying  entirely 
the  remnants  of  the  Monarchy.  I have  just  addressed  myself 
to  the  Emperor,  the  Empress  of  Russia,  the  Kings  of  Spain  and 
of  Sweden,  and  presented  to  them  the  idea  of  a congress  of  the 
principal  Powers  of  Europe,  supported  by  an  armed  force,  as 
the  best  manner  to  check  the  factions  here,  to  give  the  means 
to  establish  a more  desirable  order  of  things,  and  to  prevent 
the  evil  which  afflicts  us  from  being  able  to  take  possession  of 
the  other  States  of  Europe.  I hope  that  Your  Majesty  will 
approve  of  my  ideas  and  that  you  will  preserve  the  most  abso- 
lute secrecy  upon  the  step  that  I have  taken  with  you.  You 
will  easily  realize  that  the  circumstances  in  which  I find  my- 
self compel  the  greatest  circumspection  on  my  part.  That  is 
why  only  the  Baron  de  Breteuil  is  informed  of  my  projects, 
and  Your  Majesty  can  communicate  to  him  what  you  shall 
wish.  I take  this  occasion  to  thank  Your  Majesty  for  the  acts 
of  kindness  which  you  have  shown  to  M.  Heyman,  and  I ex- 


DECLARATION  OF  WAR  AGAINST  AUSTRIA 


103 


perience  a real  delight  in  giving  to  Your  Majesty  the  assur- 
ances of  esteem  and  affection  with  which  I am, 

Louis. 


19.  Declaration  of  War  Against  Austria. 

April  20,  1792.  Duvergter,  Lois,  IV,  117-118. 

The  outbreak  of  the  war  between  France  and  Austria  in  1792 
was  one  of  the  turning  points  of  the  Revolution.  This  document 
contains  a concise  statement  of  one  class  of  the  causes  which  pro- 
duced the  war,  i.e.,  the  avowed  causes  from  the  French  stand- 
point. 


References.  Gardiner,  French  Revolution,  101-105  ; Mathews, 
French  Revolution,  191-193  ; Clapham,  Causes  of  the  War  of  1792, 
Chs.  yi-ix  : Lavisse  and  Rambaud,  Histoire  Generate,  VIII,  126- 
12S  ; Sorel,  L’Europe  ci  la  Revolution  Francaise,  II,  516-520. 

The  National  Assembly,  deliberating  upon  the  formal  pro- 
position of  the  King ; considering  that  the  Court  of  Vienna,  in 
contempt  of  the  treaties,  has  not  ceased  to  grant  an  open  pro- 
tection to  the  French  rebels;  that  it  has  instigated  and  formed 
a concert  with  several  Powers  of  Europe  against  the  inde- 
pendence and  security  of  the  French  nation; 

That  Francis  I,  King  of  Hungary  and  Bohemia,  has,  by  his 
notes  of  March  18  and  April  7 last,  refused  to  renounce  this 
concert ; 

That,  despite  the  proposition  which  has  been  made  to  him 
by  the  note  of  March  11,  1792,  to  reduce  on  both  sides  to  the 
peace  basis  the  troops  upon  the  frontiers,  he  has  continued  and 
augmented  hostile  preparations ; 

Thai  he  has  formally  attacked  the  sovereignty  of  the 
French  nation,  in  declaring  his  determination  to  support  the 
pretentions  of  the  German  princes  to  possessions  in  France, 
for  which  the  French  nation  has  not  ceased  to  offer  indem- 
nities ; 

That  he  has  sought  to  divide  the  French  citizens  and  to 
arm  them  against  each  other,  by  offering  to  the  malcontents 
a support  in  the  concert  of  the  Powers ; 

Considering,  finally,  that  the  refusal  to  reply  to  the  last 
despatches  of  the  King  of  the  French  leaves  no  longer  any 


104 


THREE  REVOLUTIONARY  DECREES 


hope  of  obtaining  by  way  of  an  amicable  negotiation  the  re- 
dress of  these  different  grievances  and  is  equivalent  to  a 
declaration  of  war; 

Decrees  that  there  is  urgency. 

The  National  Assembly  declares  that  the  French  nation, 
faithful  to  the  principles  consecrated  by  its  constitution,  not 
to  undertake  any  war  with  a view  to  making  conquests,  and 
never  to  employ  its  forces  against  the  liberty  of  any  people, 
takes  arms  only  to  maintain  its  liberty  and  its  independence ; 

That  the  war  which  it  is  forced  to  sustain  is  not  a war 
of  nation  against  nation,  but  the  just  defence  of  a free  people 
against  the  unjust  aggression  of  a king; 

That  the  French  will  never  confound  their  brothers  with 
their  real  enemies ; that  they  will  neglect  nothing  in  order  to 
alleviate  the  scourge  of  war,  to  spare  and  preserve  property, 
and  to  cause  to  return  upon  those  alone,  who  shall  league 
themselves  against  its  liberties,  all  the  miseries  inseparable 
from  war; 

That  it  adopts  in  advance  all  foreigners,  who,  abjuring 
the  cause  of  its  enemies,  shall  come  to  range  themselves  under 
its  banners  and  to  consecrate  their  efforts  to  the  defence  of  its 
liberty ; that  it  will  favor  also,  by  all  the  means  which  are  in 
its  power,  their  establishment  in  France. 

Deliberating  upon  the  formal  proposition  of  the  King,  and 
after  having  decreed  urgency,  [the  National  Assembly]  de- 
crees war  against  the  King  of  Hungary  and  Bohemia. 


20.  The  Three  Revolutionary  Decrees. 

These  three  decrees  were  passed  by  the  Legislative  Assembly 
amid  the  excitement  produced  by  the  unexpected  Austrian  victories 
on  the  French  frontier.  Inspired  by  doubt  regarding  the  King’s 
competency  and  loyalty  to  the  nation,  they  became  important  fac- 
tors in  producing  the  movement  which  finally  resulted  in  the  sus- 
pension of  Louis  XVI  on  the  10th  of  August.  To  document  B 
the  King  gave  a reluctant  consent ; the  other  two  were  rejected. 

References.  Gardiner.  French  Revolution,  111-112 ; Mathews, 
French  Revolution.  193-195 ; Aulard,  Revolution  Franchise,  189 ; 
Stephens,  French  Revolution,  II,  78-82. 

A.  Decree  for  the  Deportation  of  the  Non-juring  Priests. 
May  27,  1792.  Duvergier,  Lois,  IV,  177-178. 

The  National  Assembly,  after  having  heard  the  report  of 


THREE  REVOLUTIONARY  DECREES 


105 


its  Committee  of  Twelve,  considering  that  the  troubles  ex- 
cited within  the  kingdom  by  the  non-juring  ecclesiastics  re- 
quire that  it  should  apply  itself  without  delay  to  the  means 
of  suppressing  them,  decrees  that  there  is  urgency ; 

The  National  Assembly,  considering  that  the  efforts  to 
overthrow  the  constitution,  to  which  the  non-juring  eccles- 
iastics are  continually  devoting  themselves,  do  not  permit  it 
to  be  supposed  that  these  ecclesiastics  desire  to  unite  in  the 
social  compact,  and  that  it  would  compromise  the  public  safety 
to  regard  for  a longer  time  as  members  of  society  the  men 
who  evidently  are  seeking  to  dissolve  it ; considering  that  the 
laws  are  without  force  against  these  men,  who,  operating  up- 
on the  consciences  in  order  to  mislead  them,  nearly  always 
conceal  their  criminal  maneuvers  from  the  attention  of  those 
who  might  be  able  to  cause  them  to  be  repressed  and  pun- 
ished ; after  having  decreed  urgency,  decrees  as  follows : 

1.  The  deportation  of  the  non-juring  ecclesiastics  shall 
take  place  as  a measure  of  public  security  and  of  general 
police,  in  the  case  and  according  to  the  forms  hereinafter  set 
forth. 

2.  All  those  are  considered  as  non-juring  ecclesiastics, 
who,  being  liable  for  the  oath  prescribed  by  the  law  of  De- 
cember 26,  1790,  may  not  have  taken  the  oath;  also  those  who, 
not  being  subject  to  that  law,  have  not  taken  the  civic  oath 
subsequent  to  September  3 last,  the  day  whereon  the  French 
constitution  was  declared  completed ; finally,  those  who  shall 
have  retracted  either  oath. 

3.  When  twenty  active  citizens  of  the  same  canton  shall 
unite  to  ask  for  the  deportation  of  a non-juring  ecclesiastic, 
the  department  directory  shall  be  required  to  pronounce  the 
deportation,  if  the  opinion  of  the  district  directory  is  in  con- 
formity with  the  petition. 

4.  When  the  opinion  of  the  district  directory  shall  be  in 
conformity  with  the  petition,  the  department  directory  shall  be 
required  to  cause  commissioners  to  ascertain  by  examination 
whether  the  presence  of  the  ecclesiastic  or  ecclesiastics  de- 
nounced is  injurious  to  the  public  tranquility,  and  upon  the 
opinion  of  these  commissioners,  if  it  is  in  conformity  with  the 
petition,  the  department  directory  shall  be  required  to  pro- 
nounce the  deportation. 


io6 


THREE  REVOLUTIONARY  DECREES 


5.  In  case  a non-juring  ecclesiastic  may  have  excited 
disturbances  by  overt  acts,  the  facts  may  be  denounced  to  the 
department  directory  by  one  or  several  active  citizens,  and 
after  the  verification  of  the  facts,  the  deportation  shall  like- 
wise be  pronounced. 

16.  Those  of  the  ecclesiastics  against  whom  deportation 
shall  have  been  pronounced,  who  rnajr  remain  within  the 
kingdom  after  having  declared  their  retirement,  or  who  may 
return  after  their  departure,  shall  be  condemned  to  the  pen- 
alty of  imprisonment  for  ten  years. 

B.  Decree  for  Disbanding  the  King’s  Body  Guard.  May 
29,  1792.  Duvergier,  Lois,  IV,  180-181. 

The  National  Assembly,  considering  that  the  admission 
into  the  existing  paid  guard  of  the  King  of  a large  number 
of  persons  who  do  not  meet  the  conditions  required  for  that 
service  by  the  constitutional  act ; that  the  spirit  of  incivism 
with  which  that  body  is  generally  animated  and  the  conduct  of 
its  higher  officers  excite  just  alarms  and  may  compromise  the 
personal  security  of  the  King  and  the  public  tranquility,  de- 
crees as  follows : 

1.  The  existing  paid  guard  of  the  King  is  disbanded,  and 
it  shall  be  renewed  without  delay  in  conformity  with  the  laws. 

2.  Until  this  renewal  of  the  paid  guard  of  the  King,  the 
Parisian  guard  shall  do  service  about  his  person,  just  as  and 
in  the  same  manner  as  it  did  before  the  establishment  of  the 
paid  guard. 

C.  Decree  for  Establishing  a Camp  of  Federes.  June  8, 

1792.  Moniteur,  June  9,  1792.  ( Rcimpression , XII,  607.) 

The  National  Assembly,  deliberating  upon  the  proposal 
of  the  minister  of  war  converted  into  a motion  by  a member, 
and  after  having  heard  the  report  of  its  military  committee, 
considering  that  it  is  urgent  to  convey  to  the  frontiers  the 
troops  of  the  line  who  are  in  the  capital ; considering  that  it. 
is  important  to  remove  every  hope  of  the  enemies  of  the  pub- 
lic weal  who  are  devising  conspiracies  in  the  interior;  consid- 


PETITION  OF  THE  20TH  OF  JUNE 


107 


ering  that  it  is  advantageous  to  draw  still  closer  at  the  time  of 
the  14th  of  July  the  ties  which  unite  the  National  Guards 
of  all  the  other  departments  with  those  of  Paris,  who  have 
served  the  revolution  so  well  and  merited  so  well  of  the 
fatherland  by  an  unlimited  devotion  and  an  arduous  and  con- 
stant service,  decrees  that  there  is  urgency. 

The  National  Assembly,  after  having  decreed  urgency, 
decrees  as  follows : 

1.  The  armed  force  already  decreed  shall  be  augmented 
by  20,000  men. 

3.  The  20,000  additional  men  shall  assemble  at  Paris  on 
the  14th  of  July  next. 

8.  No  citizen  shall  be  allowed  to  enroll  himself  who  has  not 
done  personal  service  in  the  National  Guard  since  July  14. 
1790,  or  since  the  formation  of  the  National  Guard  of  the 
canton  of  his  commune,  or  lastly  since  he  has  reached  the  age 
of  18  years,  unless,  however,  upon  leaving  the  troops  of  the 
line  with  ..a  discharge  in  regular  form  he  has  directly  entered 
the  National  Guard. 

He  shall  be  required,  besides,  upon  presenting  himself  for 
enrollment,  to  deliver  to  the  municipality  a certificate  of  civ- 
ism  of  the  officers,  under  officers  and  National  Guards  of  the 
company  in  which  he  served. 


21.  The  Petition  of  the  20th  of  June. 

June  20,  1792.  Monitcur,  June  22,  1792  (Reimpress ion,  XII, 
717). 

This  petition  was  carried  to  the  Legislative  Assembly  by  the 
great  crowd  which  after  presenting  it  broke  into  the  Tuileries  on 
June  20,  1792.  Two  features  of  it  deserve  attention:  (1)  what 
it  shows  as  to  the  state  of  mind  of  the  people  of  Paris,  (2)  th« 
precise  character  of  its  demand  in  regard  to  the  King.  The  pro- 
gress of  events  may  be  traced  by  comparing  it  with  No.  23. 

References.  Gardiner,  French  Revolution,  111-114  ; Mathews, 
French  Revolution,  195-197  ; Stephens,  French  Revolution,  II,  S2- 

97. 

Legislators,  the  French  people  come  today  to  present  to  you 


io8 


PETITION  OF  THE  20TH  OF  JUNE 


their  fears  and  their  anxieties ; it  is  in  your  midst  that  they 
set  forth  their  alarms  and  that  they  hope  to  find  at  last  the 
remedy  for  their  ills.  This  day  recalls  the  memorable  date  of 
the  20th  of  June,  the  Tennis  Court  in  which  the  representatives 
of  the  people  met  and  swore  in  the  face  of  Heaven  not  to 
abandon  our  cause  and  to  die  in  defence  of  it. 

Recall,  gentlemen,  that  sacred  oath  and  allow  these  same  peo- 
ple, afflicted  in  their  turn,  to  ask  you  if  you  will  abandon  them. 
In  the  name  of  the  nation,  which  has  fixed  its  eyes  upon  this 
city,  we  come  to  assure  you  that  the  people  are  aroused,  that 
they  are  equal  to  the  occasion  and  are  ready  to  make  use  of 
unusual  methods  in  order  to  avenge  the  majesty  of  the  out- 
raged people.  These  extreme  means  are  justified  by  article  2 of 
the  Declaration  of  the  Rights  of  Man,  resistance  to  oppression. 

What  a misfortune,  however,  for  the  free  men  who  have 
entrusted  to  you  all  their  powers  to  see  themselves  reduced  to 
the  cruel  necessity  of  steeping  their  hands  in  the  blood  of  the 
conspirators!  It  is  no  longer  time  to  conceal  it:  the  plot  is 
discovered;  the  hour  has  arrived.  Blood  will  flow  or  the  tree 
of  liberty  which  we  are  about  to  plant  will  blossom  in  peace. 

Legislators,  do  not  let  this  language  astonish  you.  We  do 
not  belong  to  any  party;  we  do  not  wish  to  adopt  anything 
other  than  what  shall  be  in  accord  with  the  constitution.  Could 
the  enemies  of  the  fatherland  imagine  that  the  men  of  the  14th 
of  July  are  asleep?  If  they  had  that  appearance,  their  awak- 
ening is  terrible;  they  have  lost  none  of  their  energy.  The 
immortal  Declaration  of  the  Rights  of  Man  is  too  profoundly 
graven  upon  their  hearts.  That  precious  boon,  that  boon  of  all 
the  nations  will  be  defended  by  them  and  nothing  shall  be 
capable  of  depriving  them  of  it.  It  is  time,  gentlemen,  to  put 
in  execution  that  article  2 of  the  Rights  of  Man.  Follow  the 
example  of  the  Ciceros  and  Demosthenes  and  unveil  in  open 
senate  the  perfidious  machinations  of  the  Catalines.  You  have 
men  animated  by  the  sacred  fire  of  patriotism : let  them  speak, 
and  we  will  act.  It  is  in  you  that  the  public  safety  now  re- 
sides. We  have  always  believed  that  our  union  made  our 
strength.  Union  and  general  harmony  ought  to  rule  in  a still 
greater  degree  among  you ; we  have  always  believed  that  when 
the  interests  of  the  State  were  under  discussion  they  alone 
ought  to  be  looked  to,  and  that  the  legislator  ought  to  have 
a heart  inaccessible  to  any  individual  interest.  The  image  of 


PETITION  OF  THE  20TH  OF  JUNE 


109 


the  fatherland  being  the  sole  divinity  which  it  is  permissible 
to  adore,  could  that  divinity  so  dear  to  all  Frenchmen  exist 
even  in  its  temple,  for  deserters  from  its  worship?  could  it 
live?  Let  the  friends  of  arbitrary  power  speak!  let  them  make 
themselves  known ! The  people,  the  true  sovereign,  is  there  to 
judge  them.  Their  place  is  not  here;  let  the  land  of  liberty  be 
purged  of  them;  let  them  go  to  Coblentz  to  join  the  Emigres. 
Near  them,  their  hearts  will  expand ; there  they  will  distill 
their  venom ; they  will  plot  without  regret ; there  they  will 
conspire  against  their  fatherland,  which  will  never  tremble. 

It  was  thus  that  Cicero  spoke  in  the  senate  of  Rome,  when 
he  was  pressing  the  traitor  Cataline  to  go  to  join  the  camp  of 
the  traitors  to  the  fatherland.  Then  cause  to  be  carried  into 
effect  the  constitution  and  the  will  of  the  people  who  sustain 
you,  and  who  will  perish  in  order  to  defend  you.  Unite,  act ; 
it  is  time.  Yes,  it  is  time,  legislators,  that  the  French  people 
show  themselves  worthy  of  the  character  which  they  have  as- 
sumed. They  have  overthrown  prejudices;  they  intend  to  re- 
main free  and  to  deliver  themselves  from  the  tyrants  leagued 
against  them.  You  know  the  tyrants ; do  not  yield  before  them, 
since  a simple  declaration  often  overwhelms  the  will  of  despots. 

The  executive  power  is  not  in  accord  with  you.  We  do  not 
wish  for  any  other  proof  of  it  than  the  dismissal  of  the  pa- 
triotic ministers.  Is  it  thus  then  that  the  welfare  of  a free 
people  shall  depend  upon  the  caprice  of  a king?  but  ought  this 
king  to  have  any  other  will  than  that  of  the  law?  The  people 
wiHed  him  thus;  and  their  head  is  indeed  worth  that  of  the 
crowned  despots.  That  head  is  the  genealogical  tree  of  the  na- 
tion ; and  before  that  robust  oak,  the  feeble  reed  must  bend. 

We  complain,  gentlemen,  of  the  inaction  of  our  armies. 
We  ask  that  you  ascertain  the  cause  of  it.  If  it  springs  from 
the  executive  power,  let  it  be  abolished ! The  blood  of  the 
patriots  ought  not  to  flow  to  satisfy  the  arrogance  and  am- 
bition of  the  perfidious  chateau  of  the  Tuileries. 

Who  then  can  stop  us  in  our  march?  Shall  we  behold  our 
armies  perish  by  parts?  The  cause  being  a common  one,  the 
action  ought  to  be  general ; and  if  the  first  defenders  of  liberty 
had  thus  temporised,  would  you  have  been  sitting  today  in  this 
august  areopagus? 

Reflect  well  herein : nothing  can  stop  you ; liberty  cannot  be 
suspended.  If  the  executive  power  does  not  act,  there  can  be 


no 


ADDRESSES  TO  THE  ASSEMBLY 


no  other  alternative;  it  is  that  which  must  cease  to  be:  a 
single  man  must  not  influence  the  determination  of  25 
millions  of  men.  If,  out  of  respect,  we  maintain  him  in 

his  post,  it  is  on  condition  that  he  will  fill  it  constitutionally  ■ 
if  he  deviates  therefrom  he  is  no  longer  anything  to  the  French 
people. 

We  complain,  finally,  of  the  delays  of  the  High  National 
Court : you  have  entrusted  to  it  the  sword  of  the  law ; why 
does  it  wait  to  lay  a heavy  hand  upon  the  head  of  the  guilty  ? 
Has  the  civil  list  here  again  some  influence?  Are  there  priv- 
ileged criminals  whom  it  may  with  impunity  shelter  from 
the  vengeance  of  the  law?  Shall  the  people  be  forced  to  go 
back  to  the  date  of  the  14th  of  July,  to  take  up  that  sword 
again  themselves,  to  avenge  at  a single  stroke  the  outraged 
law,'  and  to  punish  the  guilty  and  pusillanimous  depositories  of 
that  same  law?  No,  gentlemen,  no;  you  see  our  fears  and  our 
alarms,  and  you  will  dissipate  them. 

We  have  set  forth  in  your  midst  a great  anguish;  we  have 
opened  our  long  since  embittered  hearts ; we  hope  that  the 
last  cry  which  we  address  to  you  will  make  itself  felt  among 
you.  The  people  are  there ; they  await  in  silence  a response 
worthy  of  their  sovereignty.  Legislators,  we  ask  for  the 
permanence  of  our  arms  until  the  constitution  be  put  into 
execution. 

This  petition  is  not  that  of  the  inhabitants  of  the  Faubourg 
Saint-Antoine  alone,  but  of  all  the  sections  of  the  capital 
and  of  the  environs  of  Paris.  The  petitioners  of  this  address 
ask  to  have  the  honor  of  filing  before  you. 


22.  Addresses  to  the  Legislative  Assembly. 

These  addresses  are  typical  of  the  many  sent  to  the  Legislative 
Assembly  from  all  parts  of  France  between  June  20  and  August 
10,  1792.  From  them  much  may  be  learned  about  the  character  of 
the  movement  which  finally  resulted  in  the  suspension  of  the 
King.  Both  the  reasons  assigned  for  action  against  him  and  the 
measures  demanded  should  receive  attention. 

Reference.  Aulard,  Revolution  Francaise,  192-205,  has  a care- 
ful study  of  the  entire  series  of  addresses. 

A.  Address  of  the  Commune  of  Marseilles.  June  27,  1792. 
Archives  Parlementaires,  XLVI,  383-384. 

Legislators,  the  nation  entrusts  to  you  the  maintenance  and 


ADDRESSES  TO  THE  ASSEMBLY 


III 


defence  of  its  liberty,  its  independence,  and  the  sovereignty  of 
its  rights.  The  law  relative  to  royalty,  which  your  predeces- 
sors established  without  any  regard  for  the  objections  and  com- 
plaints of  the  nation,  is  contrary  to  the  rights  of  man.  It  is 
time  that  that  tyrannical  law  should  be  finally  abolished,  that 
the  nation  should  make  use  of  all  its  rights,  and  that  it  should 
govern  itself. 

Legislators,  the  principles  of  the  Constitution  of  every 
free  nation,  which  your  predecessors  have  decreed,  which  the 
French  have  adopted,  and  which  they  have  sworn  to  defend, 
give  us  the  right  to  these.  These  are:  “Men  are  born  and 
remain  free  and  equal  in  rights.  Social  distinctions  can  be 
based  only  upon  public  utility.” 

“The  aim  of  every  political  association  is  the  preservation 
of  the  natural  and  imprescriptible  rights  of  man.  These  rights 
are  liberty,  property^,  security,  .and  resistance  to  oppression.” 

“All  citizens  are  equal  in  the  eyes  of  the  law;  all  are 
equally  admissible  to  all  the  dignities,  public  places  and  em- 
ployments, according  to  their  capacities,  and  without  any  other 
distinctionjthan  that  of  their  virtues  and  their  talents.” 

Such,  legislators,  are  the  eternal  foundations  of  all  polit- 
ical principles.  Anything  which  is  contrary  to  these  principles 
ought  to  be  rejected  from  a free  Constitution.  How  then 
could  our  Constituents,  your  predecessors,  establish  upon  these 
foundations  that  monstrous  pretension  of  a special  family  to 
which  should  be  delegated  hereditarily  the  royalty,  from  male 
to  male,  by  order  of  primogeniture?  How  can  there  be  that 
reigning  family  in  a time  in  which  everything  must  be  regen- 
erated? What  has  that  reigning  family  done  to  be  preferred 
to  every  other?  Is  it  necessary  to  make  a law  for  the  in- 
violability of  one  person?  Does  that  inviolability  guarantee  it 
against  the  steel  of  assassins?  Is  not  the  privilege  subversive 
of  every  principle?  Who  would  recognize  there  the  principles 
of  that  sovereign  reason  which  had  consecrated  the  impre- 
scriptible rights  of  man,  in  decreeing  that  there  should  no 
longer  exist  any  hereditary  distinction?  Is  this  supreme  dis- 
tinction founded  upon  public  utility?  Who  is  the  wise  Constit- 
uent  who  can  assure  and  guarantee  that  the  son  of  the  great 
est  and  most  just  of  kings  will  be  like  his  father?  that  he  will 
not  be  a traitor,  a scoundrel?  Would  it  be  necessary,  then, 


1 12 


ADDRESSES  TO  THE  ASSEMBLY 


in  conformity  with  that  pernicious  law,  that  although  he 
should  be  depraved,  he  might  with  impunity  bring  wretched- 
ness upon  men  whom  that  same  law  submitted  to  the  fury 
of  his  crimes?  No,  legislators,  it  is  only  the  hired  abettors 
of  tyranny  who  have  been  capable  of  abandoning  themselves 
to  that  delirium ! and  it  is  in  the  sanctuary  destined  for  the  tri- 
umph of  liberty,  reason,  and  justice,  that  that  usurped  pre- 
tension has  obtained  the  force  of  law!  What  infamy!  The 
nation  cannot  subscribe  to  it.  It  once  made  vain  objeetions; 
it  desires  today  that  they  may  be  effective.  It  has  the  incon 
testable  right  to  approve  or  to  reject  the  laws  which  its  repre- 
sentatives impose  upon  it,  since  it  is  the  only  sovereign. 

What  has  this  ruling  family  done  to  be  elevated  to  this 
pest?  Was  it  the  ruin  of  our  finances,  wais  it  the  sceptre  of 
iron  with  which  it  ruled  us  who  had  prepared  that  homage, 
while  robbing  us  of  our  gold  and  exhausting  our  substance? 
or,  indeed,  was  it  the  hereditary  descendants  of  that  family, 
prolific  of  rebellious  Emigres,  who,  charged  with  debts,  ac- 
cusations and  crimes,  our  Constituents  would  have  wished  to 
force  us  to  recognize  as  masters?  Do  not  be  offended  by  that 
word,  legislators,  it  signifies  nothing  for  us.  But  such  is 
the  pretension  of  kings,  such  is  the  intention  of  cowards  and 
slaves. 

May  not  the  gold  of  that  enormous  civil  list,  which  cannot 
be  diminished  before  the  date  of  each  change  of  reign,  per- 
petuate the  means  of  corruption?  and  may  not  these  means 
ruin  the  nation  before  it  has  the  right  to  abolish  them?  And 
that  independent  guard  which  our  Constituents  have  granted 
to  their  king  and  which  the  nation  pays  by  keeping  up  the 
civil  list,  can  there  be  a private  force  by  the  terms  of  the  Rights 
of  Man?  And  if  it  is  a public  force,  can  it  serve  the  King  alone? 
And  that  law,  by  which  the  choice  and  dismissal  of  the  min- 
isters belong  to  the  King  alone,  is  it  not,  despite  their  pre- 
tended responsibility,  an  inexhaustible  source  of  abuses,  crimes 
and  disorders,  a source  of  eternal  divisions  and  contradictions? 
And,  finally,  that  suspensive  veto,  put  in  opposition  to  our 
best  laws  by  the  authority  of  a single  person  and  contrary  to 
the  general  will,  does  it  not  radically  destroy  our  Constitution  ? 
Can  the  legislative  power  exist  in  the  presence  of  that  de- 
structive law  of  the  absolute  executive  power?  And  can  the 


ADDRESSES  TO  THE  ASSEMBLY 


113 

judicial  power,  to  which  the  legislative  power  gives  existence 
and  life,  continue  to  be  effective,  if  the  executive  power  par 
alyzes  our  laws? 

Avow,  legislators,  that  our  Constituents  have  settled  noth- 
ing at  all ; and  if  you  wish  to  be  something,  if  you  wish  to  be 
useful  to  the  nation,  abrogate  a law  which  renders  null  the 
national  will. 

We  all  know  the  history  of  our  disasters,  it  would  be 
useless  to  recall  it.  The  indignation  which  it  provokes  has 
reached  its  climax.  Let  us  make  haste  to  destroy  the  cause 
and  to  re-establish  ourselves  in  our  rights.  Let  the  execu 
tive  power  be  appointed  and  renewed  by  the  people,  as  are, 
with  some  slight  differences,  the  other  two  powers,  and  soon 
all  will  be  re-established. 

Done  ait  Marseilles,  at  the  communal  building,  June  27,  the 
fourth  year  of  liberty. 

B.  Address  of  the  Federes  at  Paris,  July  23,  1792.  Arch- 
ives P arlemcntaires , XLVII,  69-70. 

Representatives  elected  by  the.  people  to  defend  and  preserve 
their  rights,  listen  to-day  once  more  to  the  cry  of  their  grief. 

Some  weeks  have  passed  since  you  declared  that  the  father- 
land  was  in  danger  and  you  do  not  indicate  to  us  any  means  of 
saving  it.  Can  you  still  ignore  the  cause  of  our  evils,  or  ignore 
the  remedies  for  them?  Well,  legislators,  we  citizens  of  the  83 
departments,  we,  whom  love  of  liberty  alone  has  brought  here, 
we,  who  are  strong  in  the  deliberate  and  strongly  pronounced 
opinion  of  all  the  French,  point  out  to  you  that  remedy.  We 
say  to  you  that  the  source  of  our  evils  is  in  the  abuse  which 
the  head  of  the  executive  power  has  made  of  his  author 
ity ; we  say  to  you  that  it  is  also  in  the  staffs  of  the  army,  in 
a large  portion  of  the  department  and  district  directories  and  in 
the  tribunals.  Let  us  say  to  you  once  more,  with  the  frankness 
of  a free  people  and  one  which  holds  itself  ready  to  defend 
its  rights,  that  it  exists  in  part  in  your  midst. 

Legislators,  the  peril  is  imminent,  it  can  no  longer  be  dis- 
simulated, it  is  necessary  that  the  reign  of  the  truth  commence; 
we  are  courageous  enough  to  come  to  tell  it  to  you,  be  cour- 
ageous enough  to  hear  it. 

Deliberate,  during  the  sitting  and  without  leaving  the 


H4 


ADDRESSES  TO  THE  ASSEMBLY 


place,  upon  the  one  means  to  remedy  our  evils ; suspend  the 
executive  power  as  was  done  last  year ; thereby  you  will  cut 
the  root  of  all  our  evils.  We  know  that  the  constitution  does 
not  speak  of  deposition ; but  in  order  to  declare  that  the  King 
has  forfeited  the  throne  it  is  necessary  to  try  him,  and  in  order 
to  try  him  it  is  necessary  that  the  King  should  be  temporarily 
suspended.  Convoke  the  primary  assemblies,  in  order  to  put 
yourselves  in  a position  to  learn,  in  an  indirect  manner,  the 
desire  of  the  majority  of  the  people  for  the  national  convoca- 
tion upon  the  so-called  constitutional  articles  relative  to  the 
executive  power. 

Legislators,  there  is  not  an  hour  nor  a second  to  lose,  the 
evil  is  at  its  height,  avert  from  your  fatherland  a universal 
shock,  make  use  of  all  the  power  which  is  entrusted  to  you 
and  save  it  yourselves.  Would  you  fear  to  call  down  upon 
your  heads  a terrible  responsibility,  or  indeed  (what  we  cannot 
believe)  would  you  wish  to  give  to  the  nation  a proof  of  im- 
potency?  There  would  remain  to  it  no  more  than  one  re- 
source, that  of  displaying  all  its  strength  and  sweeping  away 
its  tyrants.  We  have  all,  both  you  and  we,  sworn  a hundred 
times  to  live  free  and  to  die  in  defending  our  rights.  Well, 
we  have  come  to  renew  that  oath  which  makes  despots  trem- 
ble when  it  is  pronounced  by  men  who  know  how  to  feel 
strongly.  We  shall  either  emerge  from  this  conflict  free  or 
else  the  tomb  of  liberty  shall  be  ours. 

C.  Address  of  the  Paris  Sections.  August  3,  1792.  Archives 
Parlementaires , XLVII,  425-427. 

Legislators,  it  is  when  the  fatherland  is  in  danger  that  all 
its  children  ought  to  press  around  it;  and  never  has  so  great 
a peril  threatened  the  fatherland.  The  commune  of  Paris 
sends  us  to  you ; we  come  to  bring  into  the  sanctuary  of  the 
laws  the  opinion  of  an  immense  city.  Filled  with  respect  for 
the  representatives  of  the  nation,  full  of  confidence  in  their 
courageous  patriotism,  it  has  not  despaired  of  the  public 
safety;  but  it  believes  that  to  cure  the  ills  of  France  it  is 
necessary  to  attack  them  in  their  source  and  not  to  lose  a mo- 
ment. It 'is  with  grief  that  it  denounces  to  you,  through  our 
agency,  the  head  of  the  executive  power.  Without  doubt,  the 
people  have  the  right  to  be  indignant  with  him ; but  the  lan- 


ADDRESSES  TO  THE  ASSEMBLY 


115 

guage  of  anger  does  not  befit  brave  men.  Compelled  b>  Louis 
XVI  to  accuse  him  before  you  and  before  all  France,  we  shall 
accuse  him  without  bitterness  as  without  pusillanimous  defer- 
ence. It  is  no  longer  time  to  listen  to  that  protracted  indul- 
gence which  befits  generous  peoples,  but  which  encourages 
kings  to  perjury;  and  the  most  respectable  passions  must  be 
silent  when  the  saving  of  the  State  is  in  question. 

We  shall  not  retrace  for  you  the  entire  conduct  of  Louis 
XVI  since  the  first  days  of  the  Revolution,  his  sanguinary 
projects  against  the  city  of  Paris,  his  predilection  for  nobles 
and  priests,  the  aversion  which  he  exhibited  to  the  body  of  the 
people,  the  National  Constituent  Assembly  outraged  by  court 
valets,  invested  by  men  of  arms,  wandering  in  the  midst  of  a 
royal  city  and  finding  an  asylum  only  in  a tennis  court.  We 
shall  not  retrace  for  you  the  oaths  so  many  times  violated,  the 
protestations  renewed  incessantly  and  incessantly  contradicted 
by  actions,  up  to  the  moment  at  which  a perfidious  flight  came 
to  open  the  eyes  of  the  citizens  most  blinded  by  the  fanaticism 
of  slavery.  We  shall  leave  at  one  side  everything  which  is 
covered  by  the  pardon  of  the  people ; but  pardon  is  not  obliv- 
ion. It  would  be  in  vain,  moreover,  should  we  be  able  to  for- 
get these  delinquencies ; they  will  soil  the  pages  of  history  and 
posterity  will  remember  them. 

However,  legislators,  it  is  our  duty  to  remind  you  in  rapid 
terms  of  the  favors  conferred  by  the  nation  upon  Louis  XVI 
and  of  the  ingratitude  of  that  prince.  How  many  reasons 
there  were  for  depriving  him  of  the  throne  at  the  moment  in 
which  the  people  reconquered  the  sovereignty ! The  memory 
of  an  imperious  and  devouring  dynasty,  in  which  scarcely 
one  king  is  reckoned  against  twenty  tyrants,  the  hereditary 
despotism  increasing  from  reign  to  reign  with  the  misery  of 
the  people,  the  public  finances  entirely  ruined  by  Louis  XVI 
and  his  two  predecessors,  infamous  treaties  ruining  the  nation- 
al honor,  the  eternal  enemies  of  France  becoming  its  allies 
and  its  masters : these  are  what  constituted  the  rights  of  Louis 
XVI  to  the  constitutional  sceptre.  The  nation,  faithful  to  its 
character,  has  preferred  to  be  generous  rather  than  prudent : 
the  despot  of  an  enslaved  land  has  become  the  king  of  a free 
people : after  having  attempted  to  flee  from  France,  in  order  to 
reign  at  Coblentz,  he  has  been  replaced  upon  the  throne, 


1 16 


ADDRESSES  TO  THE  ASSEMBLY 


perhaps  contrary  to  the  wish  of  the  nation  which  ought  to  have 
been  consulted. 

Favors  without  number  have  followed  that  great  favor. 
We  have  seen  in  the  last  days  of  the  Constituent  Assembly 
the  rights  of  the  people  enfeebled  in  order  to  strengthen  the 
royal  authority,  the  first  public  functionary  become  an  hered- 
itary representative,  a military  establishment  created  for  the 
splendor  of  his  throne,  and  his  legal  authority  supported  by  a 
civil  list  which  has  no  other  limits  than  those  which  he  has 
wished  to  prescribe  for  it. 

And  we  have  speedily  seen  the  favors  of  the  nation  turned 
against  it.  The  power  delegated  to  Louis  XVI  for  the  main- 
tenance of  liberty  arms  itself  in  order  to  overthrow  il.  Let 
us  cast  a glance  over  the  interior  of  the  Empire.  Perverse 
ministers  are  removed  by  the  irresistible  force  of  public  con- 
tempt ; they  are  the  ones  for  whom  Louis  XVI  mourns. 
Their  successors  notify  the  nation  and  the  king  of  the  danger 
which  surrounds  the  fatherland ; they  are  dismissed  by  Louis 
XVI  for  having  shown  themselves  citizens.  The  royal  inviol- 
ability and  the  perpetual  change  of  the  ministry  each  day  elude 
the  responsibility  of  the  agents  of  the  executive  power.  A con 
spiring  guard  is  dissolved  in  appearance;  but  it  still  exists: 
it  is  still  paid  by  Louis  XVI ; it  sows  trouble  and  promotes 
civil  war.  Turbulent  priests,  abusing  their  power  over  timid 
consciences,  arm  children  against  their  fathers ; and  from 
tne  land  of  liberty  they  send  forth  new  soldiers  under  the  ban- 
ners of  servitude.  These  enemies  of  the  people  are  protected 
by  the  appeal  to  the  people,  and  Louis  XVI  maintains  for 
them  the  right  to  conspire.  Coalesced  department  directories 
dare  to  constitute  themselves  arbiters  between  the  National 
Assembly  and  the  King.  They  form  a species  of  dispersed 
High  Chamber  in  the  midst  of  the  Empire;  some  even  usurp 
the  legislative  authority;  and  in  consequence  of  a profound 
ignorance,  while  declaiming  against  the  republicans,  they  seem 
to  wish  to  organize  France  into  a federative  republic.  It  is  in 
the  name  cf  the  King  that  they  inflame  intestinal  divisions ; and 
the  King  does  not  disavow  with  indignation  two  hundred  stupid 
and  guilty  administrators  repudiated  from  one  end  of  France 
to  the  other  by  the  immense  majority  of  the  administrations! 

Abroad,  armed  enemies  threaten  our  territory.  Two  des- 


ADDRESSES  TO  THE  ASSEMBLY  117 

pots  publish  against  the  French  nation  a manifesto  as  insolent 
as  absurd.  French  parricides,  led  by  the  brothers,  kinsmen  and 
connections  of  the  King,  prepare  to  rend  the  bosom  of  their 
fatherland.  Already  the  enemy  upon  our  frontiers  places  exe- 
cutioners in  opposition  to  our  warriors.  And  it  is  to  avenge 
Louis  XVI  that  the  national  sovereignty  is  impudently  out- 
raged; it  is  to  avenge  Louis  XVI  that  the  execrable  House 
of  Austria  adds  a new  chapter  to  the  history  of  its  cruelties ; 
it  is  to  avenge  Louis  XVI  that  the  tyrants  have  renewed 
the  wish  of  Caligula,  and  that  they  would  wish  to  destroy  at  a 
single  blow  all  the  citizens  of  France! 

The  flattering  promises  of  a minister  have  caused  the  declar- 
ation of  war,  and  we  have  commenced  it  with  armies  incom- 
plete and  destitute  of  everything. 

Belgium  calls  upon  us  in  vain ; perverse  orders  have  re- 
strained the  ardor  of  our  soldiers ; our  first  steps  into  those 
fair  countries  have  been  marked  by  conflagration ; and  the  in- 
cendiary is  still  in  the  midst  of  the  camp  of  the  French ! All 
the  decrees  which  the  National  Assembly  have  rendered  for  the 
purpose  of  re-enforcing  our  troops  are  annulled  bv  the  lefusal 
of  the  sanction  or  by  perfidious  delays.  And  the  enemy  ad- 
vances with  rapid  steps,  while  patricians  command  the  armies 
of  equality,  while  our  generals  leave  their  posts  in  the  face  of 
the  enemy,  permit  the  armed  force  to  deliberate,  come  to  pre- 
sent to  the  legislators  their  opinions  which  cannot  be  legally 
expressed,  and  calumniate  a free  people  whom  it  is  their  duty 
to  defend. 

The  head  of  the  executive  power  is  the  first  link  in  the 
counter  revolutionary  chain.  He  seems  to  participate  in  the 
conspiracies  of  Pilnitz,  which  he  has  made  known  so  lately. 
His  name  contends  each  day  against  that  of  the  nation  ; his 
name  is  a signal  of  discord  between  the  people  and  their  mag- 
istrates, between  the  soldiers  and  the  generals.  He  has  sep- 
arated his  interests  from  those  of  the  nation.  Let  us  separate 
tiiem  as  he  has  done.  Far  from  putting  himself  by  a formal 
act  in  opposition  to  the  enemies  within  and  without,  his  con- 
duct is  a formal  and  perpetual  act  of  disobedience  to  the  Con- 
stitution. As  long  as  we  shall  have  such  a king,  liberty  can- 
not strengthen  itself ; and  we  are  determined  to  remain  free. 
By  a stretch  of  indulgence  we  might  have  desired  authority  to 


n8 


THE  BRUNSWICK  MANIFESTO 


ask  you  for  the  suspension  of  Louis  XVI  as  long  as  the  dan- 
ger of  the  fatherland  shall  continue ; but  the  Constitution  pre- 
cludes that.  Louis  XVI  invokes  the  Constitution  incessantly; 
we  invoke  it  in  our  turn  and  ask  for  his  deposition. 

That  great  measure  once  taken,  since  it  is  very  doubtful 
whether  the  nation  can  have  confidence  in  the  present  dynasty, 
we  ask  that  ministers,  jointly  and  severally  responsible,  se- 
lected by  the  National  Assembly,  but  outside  of  its  own  body, 
according  to  the  .constitutional  law,  selected  by  the  open  vote 
of  free  men,  may  exercise  provisionally  the  executive  power 
while  waiting  for  the  will  of  the  people,  our  sovereign  and 
yours,  to  be  legally  pronounced  in  a National  Convention,  as 
soon  as  the  security  of  the  State  may  permit  it.  Meanwhile  let 
our  enemies,  whoever  they  may  be,  all  range  themselves  be- 
yond our  frontiers;  let  dastards  and  perjurers  abandon  the  soil 
ot  liberty;  let  300,000  slaves  advance;  they  will  find  before 
them  10  millions  of  free  men,  as  ready  for  death  as  for  vic- 
tory, fighting  for  equality,  for  the  paternal  roof,  for  their 
wives,  their  children  and  their  aged  ones.  Let  each  of  us  be 
soldiers  in  turn ; and  if  it  is  necessary  to  have  the  honor  of 
dying  for  the  fatherland,  before  yielding  the  last  breath,  let 
each  of  us  make  his  memory  illustrious  by  the  death  of  a slave 
or  a tyrant. 


23,  The  Duke  of  Brunswick’s  Manifesto, 


July  25,  1792.  Archives  Parlementaires,  XLVII,  372-373. 

This  document  sealed  the  fate  of  the  old  monarchy.  Known 
at  Paris  on  July  28,  when  the  agitation  for  the  suspension  of  the 
King  had  already  attained  great  strength,  it  gave  the  final  im- 
pulse to  that  movement.  Its  authorship  has  been  much  discussed 
and  it  is  now  clear  that  the  document  was  substantially  the  work 
of  Emigres. 


References.  Gardiner,  French  Revolution,  114-115  ; Mathews, 
French  Revolution,  198-199  ; Stephens,  French  Revolution,  II,  105 
106 ; Lavisse  and  Rambaud,  Histoire  Generate,  VIII,  139-140 ; 
Sorel,  L’Europe  ct  la  Revolution  Franchise , II,  503-515. 

Their  Majesties,  the  Emperor  and  the  King  of  Prussia, 
having  committed  to  me  the  command  of  the  united  armies 
which  they  have  caused  to  assemble  on  the  frontiers  of 


THE  BRUNSWICK  MANIFESTO 


119 


France,  I have  wished  to  announce  to  the  inhabitants  of 
this  kingdom,  the  motives  which  have  determined  the  meas- 
ures of  the  two  sovereigns  and  the  intentions  which  guide 
them.  After  having  arbitrarily  suppressed  the  rights  and 
possessions  of  the  German  Princes  in  Alsace  and  Lorraine, 
disturbed  and  overthrown  good  order  and  legitimate  govern- 
ment in  the  interior;  exercised,  against  the  sacred  person  of 
the  king  and  his  august  family,  outrages  and  brutalities  which 
are  still  carried  on  and  renewed  day  by  day;  those  who  have 
usurped  the  reins  of  the  Administration  have  at  last  com- 
pleted their  work  by  declaring  an  unjust  war  against  his  Maj- 
esty the  Emperor  and  by  attacking  his  provinces  situated  in 
the  Low  Countries.  Some  of  the  possessions  of  the  Ger- 
manic Empire  have  been  enveloped  in  this  oppression,  and 
several  others  have  only  escaped  the  same  danger  by  yielding 
to  the  imperious  threats  of  the  dominant  party  and  of  its 
emissaries. 

His  Majesty  the  King  of  Prussia,  united  with  his  Im- 
perial Majesty  by  the  bonds  of  a strict  defensive  alliance  and 
himself  the  preponderant  member  of  the  Germanic  body,  could 
not  excuse  himself  from  marching  to  the  help  of  his  ally  and- 
his  Co-State;  and  it  is  under  this  double  relationship  that 
he  takes  up  the  defence  of  this  monarch  and  of  Germany. 

To  these  great  interests  is  added  another  aim  equally 
important  and  very  dear  to  the  hearts  of  the  two  sovereigns ; 
it  is  to  put  an  end  to  the  anarchy  in  the  interior  of  France,, 
to  stop  the  attacks  carried  on  against  the  throne  and  the 
altar,  to  re-establish  the  legal  power,  to  restore  to  the  King 
the  security  and  liberty  of  which  he  is  deprived,  and  to  put 
him  in  a position  to  exercise  the  legitimate  authority  which 
is  his  due. 

Convinced  that  the  sound  part  of  the  French  nation  ab- 
hors the  excesses  of  a faction  which  dominates  it,  and  that 
the  greatest  number  of  the  inhabitants  look  forward  with 
impatience  tc  the  moment  of  relief  to  declare  themselves  open- 
ly against  the  odious  enterprises  of  their  oppressors,  his  Maj- 
esty the  Emperor  and  his  Majesty  the  King  of  Prussia,  call 
upon  them  and  invite  them  to  return  without  delay  to  the  ways 
cf  reason,  justice,  order  and  peace.  It  is  in  accordance  with 


120 


THE  BRUNSWICK  MANIFESTO 


these  views,  that  I,  the  undersigned,  the  General,  commanding 
in  chief  the  two  armies,  declare: 

1.  That,  drawn  into  the  present  war  by  irresistible  circum- 
stances, the  two  allied  courts  propose  to  themselves  no  other 
aim  than  the  welfare  of  France  and  have  no  intention  of  en- 
riching themselves  by  conquests ; 

2.  That  they  do  not  intend  to  meddle  with  the  internal 
government  of  France,  but  that  they  merely  wish  to  deliver 
the  King,  the  Queen  and  the  royal  family  from  their  captivity, 
and  to  procure  for  His  Most  Christian  Majesty  the  necessary 
security  that  he  may  make  without  danger  or  hindrance  the 
conventions  which  he  shall  judge  suitable  and  may  work  for 
the  welfare  of  his  subjects,  according  to  his  promises  and  as 
far  as  it  shall  depend  upon  him; 

3.  That  the  combined  armies  will  protect  the  towns,  bor- 
oughs and  villages  and  the  persons  and  goods  of  those  who 
shall  submit  to  the  King  and  who  shall  co-operate  in  the  im- 
mediate re-establishment  of  order  and  of  the  police  in  the 
whole  of  France; 

4.  That  the  National  Guard  will  be  called  upon  to 
watch  provisionally  over  the  peace  of  the  towns  and  country 
districts,  the  security  of  the  persons  and  goods  of  all  French- 
men, until  the  arrival  of  the  troops  of  their  Imperial  and  Royal 
Majesties,  or  until  otherwise  ordered,  under  pain  of  being 
personally  responsible ; that  on  the  contrary,  those  of  the 
National  Guard  who  shall  fight  against  the  troops  of  the 
two  allied  courts,  and  who  shall  be  taken  with  arms  in  their 
hands,  will  be  treated  as  enemies  and  punished  as  rebels  to 
their  King  and  as  disturbers  of  the  public  peace ; 

5.  That  the  generals,  officers,  under  officers  and  troops 
of  the  French  line  are  likewise  summoned  to  return  to  their 
former  fidelity  and  to  submit  themselves  at  once  to  the 
King,  their  legitimate  sovereign ; 

6.  That  the  members  of  the  departments,  of  the  districts 
and  municipalities  shall  likewise  answer  with  their  heads  and 
their  goods  for  all  offences,  fires,  murders,  pillaging,  and  acts 
of  violence,  which  they  shall  allow  to  be  committed,  or  which 
they  have  not  manifestly  exerted  themselves  to  prevent  within 
their  territory ; that  they  shall  likewise  be  required  to  con- 
tinue their  functions  provisionally,  until  His  Most  Christian 


THE  BRUNSWICK  MANIFESTO 


121 


Majesty,  being  once  more  at  liberty,  maj’  have  provided  for 
them  subsequently  or  until  it  shall  have  been  otherwise 
ordained  in  his  name  in  the  meantime ; 

7.  That  the  inhabitants  of  the  towns,  boroughs  and  vil- 
lages who  may  dare  to  defend  themselves  against  the  troops 
of  their  Imperial  and  Royal  Majesties  and  fire  on  them  either 
in  the  open  country,  or  through  the  windows,  doors  and  open- 
ings of  their  houses,  shall  be  punished  immediately  accord- 
ing to  the  strictness  of  the  law  of  war,  and  their  houses  de- 
stroyed or  burned.  On  the  contrary,  all  the  inhabitants 
of  the  said  towns,  boroughs  and  villages,  who  shall  submit 
to  their  King,  opening  their  doors  to  the  troops  of  their 
Majesties,  shall  at  once  be  placed  under  their  immediate  pro- 
tection ; their  persons,  their  property,  and  their  effects  shall  be 
under  the  protection  of  the  laws,  and  the  general  security 
of  all  and  each  of  them  shall  be  provided  for ; 

8.  The  city  of  Paris  and  all  its  inhabitants  without  distinc- 
tion shall  be  required  to  submit  at  once  and  without  delay 
to  the  King,  to  put  that  prince  in  full  and  perfect  liberty,  and 
to  assure  him  as  well  as  the  other  royal  personages  the  in- 
violability and  respect  which  the  law  of  nations  and  men  re- 
quires of  subjects  toward  their  sovereigns ; their  Imperial  and 
Royal  Majesties  declare  personally  responsible  with  their  lives 
for  all  events,  to  be  tried  by  military  law  and  without  hope 
of  pardon,  all  the  members  of  the  National  Assembly,  of  the 
department,  district,  municipality  and  National  Guard  of  Paris, 
the  justices  of  the  peace  and  all  others  that  shall  be  con- 
cerned; their  said  Majesties  also  declare  on  their  honor 
and  on  their  word  as  Emperor  and  King,  that  if  the  Chateau 
of  the  Tuileries  be  entered  by  force  or  attacked,  if  the  least 
violence  or  outrage  be  offered  to  their  Majesties,  the  King, 
Queen  and  royal  family,  if  their  preservation  and  their  liberty 
be  not  immediately  provided  for,  they  will  exact  an  exemplary 
and  ever-memorable  vengeance,  by  delivering  the  city  of  Paris 
over  to  a military  execution  and  to  complete  ruin,  and  the 
rebels  guilty  of  these  outrages  to  the  punishments  they  shall 
have  deserved.  Their  Imperial  Royal  Majesties,  on  the  con- 
trary, promise  the  inhabitants  of  Paris  to  employ  their  good 
offices  with  His  Most  Christian  Majesty  to  obtain  pardon  for 
their  misdeeds  and  errors,  and  to  take  the  most  vigorous  meas- 


122 


DECREE  SUSPENDING  LOUIS  XVI 


ures  to  assure  their  lives  and  property,  if  they  obey  promptly 
and  exactly  all  the  above  mentioned  order. 

Finally,  their  Majesties  being  able  to  recognize  as  laws  in 
France  only  those  which  shall  emanate  from  the  King, 
in  the  enjoyment  of  a perfect  liberty,  protest  beforehand 
against  the  authenticity  of  any  declarations  which  may  be  made 
in  the  name  of  His  Most  Christian  Majesty,  so  long  as  his 
sacred  person,  that  of  the  queen,  and  those  of  the  royal  fam- 
ily shall  not  be  really  in  security,  for  the  effecting  of  which 
their  Imperial  and  Royal  Majesties  beg  His  Most  Christian 
Majesty  to  appoint  the  city  in  his  kingdom  nearest  the  fron- 
tiers, to  which  he  would  prefer  to  retire  with  the  Queen  and 
his  family  under  good  and  sufficient  escort,  which  will  be 
furnished'  him  for  this  purpose,  so  that  His  Most  Christian 
Majesty  maj  in  all  security  summon  such  ministers  and  coun- 
cillors as  he  may  see  fit,  hold  such  meetings  as  he  deems  best, 
provide  for  the  re-establishment  of  good  order  and  regulate 
the  administration  of  his  kingdom. 

Finally,  I declare  and  bind  myself,  moreover,  in  my  own 
private  name  and  in  my  above  capacity,  to  cause  the  troops  en- 
trusted to  my  command  to  observe  a good  and  exact  disci- 
pline, promising  to  treat  with  kindness  and  moderation  all 
well  intentioned  subjects  who  show  themselves  peaceful  and 
submissive,  and  only  to  use  force  against  those  who  shall  make 
themselves  guilty  of  resistance  and  ill-will. 

It  is  for  these  reasons  that  I call  upon  and  exhcrt  all 
the  inhabitants  of  the  kingdom  in  the  strongest  and  most 
urgent  manner  not  to  oppose  the  march  and  the  operations  of 
the  troops  which  I command,  but  rather  to  grant  them  every- 
where a free  passage  and  with  every  good  will  to  aid  and 
assist  as  circumstances  shall  require. 

Given  at  the  head-quarters  at  Coblentz,  July  25,  1792. 

Signed,  Charles  William  Ferdinand, 

Duke  of  Brunswick-Lunebourg. 


24.  Decree  for  Suspending  Louis  XVI. 

August  10,  1792.  Duvergier,  Lois,  IV,  190-291. 

This  decree  was  passed  by  the  Legislative  Assembly  after  the 
storming  of  the  Tuileries.  Every  feature  of  it  is  important.  _ The 


DECREE  SUSPENDING  LOUIS  XVI 


12.3 


precise  action  with  reference  to  the  King,  the  character  of  the 
provisional  arrangements,  and  the  phraseology  of  the  document 
should  receive  careful  attention. 

References.  Stephens,  French  Revolution,  II,  130-131  ; Aulard, 
Revolution  Francaise , 215-220. 

The  National  Assembly,  considering  that  the  dangers  of  the 
fatherland  have  reached  their  height ; 

That  it  is  for  the  Legislative  Body  the  most  sacred  of  du- 
ties to  employ  all  means  to  save  it ; 

That  it  is  impossible  to  find  efficacious  ones,  unless  they 
shall  occupy  themselves  with  removing  the  source  of  its 
evils ; 

Considering  that  these  evils  spring  principally  from  the 
misgivings  which  the  conduct  of  the  head  of  the  executive 
power  has  inspired,  in  a war  undertaken  in  his  name  against 
the  constitution  and  the  national  independence ; 

That  these  misgivings  have  provoked  from  different  parts 
of  the  Empire  a desire  tending  to  the  revocation  of  the  author- 
ity delegated  to  Louis  XVI ; 

Considering,  nevertheless,  that  the  Legislative  Body  ought 
not  to  wish  to  aggrandize  itself  by  any  usurpation ; 

That  in  the  extraordinary  circumstances  wherein  events 
unprovided  for  by  any  of  the  laws  have  placed  it,  it  cannot 
reconcile  what  it  owes,  in  its  unshaken  fidelity  to  the  consti- 
tution, with  the  firm  resolve  to  be  buried  under  the  ruins  of 
the  temple  of  Liberty  rather  than  to  permit  it  to  perish,  ex- 
cept by  recurring  to  the  sovereignty  of  the  people  and  by  taking 
at  the  same  time  the  precautions  which  are  indispensable,  in 
order  that  this  recourse  may  not  be  rendered  illusory  by 
treasons  ; decrees  as  follows  : 

1.  The  French  people  are  invited  to  form  a National  Con- 
vention ; the  extraordinary  commission  shall  present  tomorrow 
a proposal  to  indicate  the  method  and  the  time  of  this  con- 
vention. 

2.  The  head  of  the  executive  power  is  provisionally  sus- 
pended from  his  functions  until  the  National  Convention  has 
pronounced  upon  the  measures  which  it  believes  ought  to  be 
adopted  in  order  to  assure  the  sovereignty  of  the  people  and 
the  reign  of  liberty  and  equality. 

3.  The  extraordinary  commission  shall  present  within 


124 


DECREE  FOR  THE  CONVENTION 


the  day  a method  for  organizing  a new  ministry ; the  ministers 
actually  in  service  shall  continue  provisionally  the  exercise  of 
their  functions. 

4.  The  extraordinary  commission  shall  present,  likewise, 
within  the  day,  a proposal  for  a decree  upon  the  selection  of 
a governor  of  the  prince  royal. 

5.  The  payment  of  the  civil  list  shall  continue  suspended 
until  the  decision  of  the  National  Convention.  The  extra- 
ordinary commission  shall  present,  within  twenty-four  hours,  a 
proposal  for  a decree  upon  the  stipend  to  be  granted  to  the 
King  during  the  suspension. 

6.  The  registers  of  the  civil  list  shall  be  deposited  in  the 
office  of  the  National  Assembly,  after  having  been  numbered 
and  attested  by  two  commissioners  of  the  Assembly,  who  shall 
repair  for  that  purpose  to  the  intendant  of  the  civil  list. 

7.  The  King  and  his  family  shall  reside  within  the  pre* 
cincts  of  the  Legislative  Body  until  quiet  may  be  re-established 
in  Paris. 

8.  The  department  shall  give  orders  to  cause  to  be  pre- 
pared  for  them  within  the  day  a lodging  at  the  Luxem 
bourg,  where  they  shall  be  put  under  the  custody  of  the  citi- 
zens and  the  law. 

9.  Every  public  functionary,  every  soldier,  under-officer, 
officer,  of  whatever  grade  he  may  be,  and  general  of  an  army, 
who  in  these  days  of  alarm  shall  abandon  his  post,  is  declared 
infamous  and  traitorous  to  the  fatherland. 

10.  The  department  and  the  municipality  of  Paris  shall 
cause  the  present  decree  to  be  immediately  and  solemnly  pro- 
claimed. 

11.  It  shall  be  sent  by  extraordinary  couriers  to  the 
eighty-three  departments,  which  shall  be  required  to  cause 
it  to  reach  the  municipalities  of  their  jurisdiction  within 
twenty-four  hours,  in  order  to  be  proclaimed  with  the  same 
solemnity. 


25.  Decree  for  Electing  the  Convention. 

August  11,  1792.  Duvergier,  Lois,  IV,  297. 

This  decree  was  the  work  of  the  Legislative  Assembly,  which 
oontinued  in  session  until  the  Convention  met  on  September  21. 


DECREE  FOR  THE  CONVENTION 


125 


The  kind  of  authority  to  which  the  Assembly  laid  claim  and  the 
points  in  which  the  electoral  arrangements  of  this  decree  differ 
from  those  of  the  Constitution  of  1701  should  be  noted. 

Refzhence.  Aulard,  Revolution  Francavse,  239-241. 

The  National  Assembly,  considering  that  it  has  not  the 
right  to  submit  to  imperative  regulations  the  exercise  of  the 
sovereignty  in  the  formation  of  a National  Convention,  and 
that,  nevertheless,  it  is  important  for  the  public  safety  that  the 
primary  and  electoral  assemblies  should  form  themselves  at  the 
same  time,  should  act  with  uniformity,  and  that  the  National 
Convention  should  be  promptly  assembled. 

Invites  the  citizens,  in  the  name  of  liberty,  equality,  and 
the  fatherland,  to  conform  themselves  to  the  following  regu- 
lations : 

1.  The  primary  assemblies  shall  select  the  same  number 
of  electors  as  they  have  selected  in  the  last  elections. 

2.  The  distinction  of  Frenchmen  into  active  and  non-active 
citizens  shall  be  suppressed ; and  in  order  to  be  admitted  to 
them,  it  shall  suffice  to  be  French,  twenty-one  years  of  age, 
domiciled  for  a year,  living  from  his  income  or  the  product  of 
bis  labor,  and  not  being  in  the  status  of  a household  servant. 
As  to  those  who,  meeting  the  conditions  of  activity,  were  sum- 
moned by  the  law  to  take  the  civic  oath,  they  shall  be  bound,  in 
order  to  be  admitted,  to  give  proof  of  the  taking  of  that  oath. 

3.  The  conditions  of  eligibility  demanded  for  the  electors 
or  for  the  representatives  not  being  applicable  to  a National 
Convention,  it  shall  suffice,  in  order  to  be  eligible  as  deputy  or 
as  elector,  to  be  twenty-five  years  of  age  and  to  unite  the  con- 
ditions demanded  by  the  preceding  article. 

4.  Each  department  shall  select  the  number  of  deputies  and 
alternates  which  it  has  selected  for  the  existing  legislature. 

5.  The  elections  shall  take  place  according  to  the  same 
method  as  for  the  legislative  assemblies. 

6.  The  primary  assemblies  are  invited  to  invest  their  rep- 
resentatives with  an  unlimited  confidence. 

7.  The  primary  assemblies  shall  meet  on  Sunday,  August 
26,  in  order  to  choose  the  electors. 

8.  The  electors  chosen  by  the  primary  assemblies  shall 
meet  on  Sunday,  September  2,  in  order  to  proceed  to  the  elec- 
tion of  the  deputies  to  the  National  Convention. 


126 


JACOBIN  CLUB  ADDRESS 


g.  The  electoral  assemblies  shall  -sit  in  the  places  indicated 
by  the  table  which  shall  be  annexed  to  the  present  decree. 

10.  On  account  of  the-  necessity  of  hastening  the  elec- 
tions, the  presidents,  secretaries,  and  tellers,  both  in  the  pri- 
mary assemblies  and  in  the  electoral  assemblies,  shall  be  chosen 
by  plurality  and  by  a single  ballot. 

11.  The  choice  of  the  primary  assemblies  and  the  electoral 
assemblies  may  fall  upon  any  citizen  uniting  the  conditions 
above  restored,  whatever  may  be  the  public  functions  which  he 
exercises  or  which  he  may  have  formerly  exercised. 

12.  The  citizens  in  the  primary  assemblies,  and  the  electors 
in  the  electoral  assemblies,  shall  take  the  oath  to  maintain  lib- 
erty and  equality  or  to  die  in  defending  them. 

13.  The  deputies  shall  repair  to  Paris  on  September  20, 
and  they  shall  cause  themselves  to  be  enrolled  at  the  archives 
of  the  National  Assembly.  When  they  shall  be  two  hundred 
in  number,  the  National  Assembly  shall  indicate  the  day  of 
the  opening  of  their  sittings. 

14.  The  National  Assembly,  after  having  indicated  to  the 
French  citizens  the  regulations  to  which  it  believes  it  ought 
to  invite  them  to  conform  themselves,  considering  that  cir- 
cumstances and  justice  alike  urge  a compensation  in  favor 
of  the  electors,  decree  that  the  electors  who  shall  be  obliged  to 
go  away  from  their  domicile  shall  receive  twenty  sous  per 
league,  and  three  livres  per  day  of  sojourn. 

The  principal  administration  of  the  place  where  the 
electoral  assemblies  shall  meet  is  authorised  to  deliver  the 
necessary  orders  for  the  payment  of  the  compensation  due  to 
the  electors,  subject  to  causing  the  replacement  of  it  in  the  cof- 
fers of  the  district,  upon  the  production  of  the  additional  sous 
from  the  department. 

The  above  instruction  and  decree  shall  be,  for  more  prompt 
dispatch,  addressed  directly  to  both  the  district  administrations 
and  the  department  administrations ; there  shall  be  sent  to  each 
district  administration  a sufficient  number  of  copies  in  order 
that  they  may  transmit  it  without  delay  to  each  ..municipality. 


26.  The  Jacobin  Club  Address. 

September  12,  1792.  Aulard,  Jacobins,  TV,  280-281. 

During  the  interval  between  the  10th  of  August  and  the  meet- 


JACOBIN  CLUB  ADDRESS 


127 


iDg  of  the  Convention  on  September  21,  1792,  the  Jacobin  Club 
closely  followed  and  accurately  expressed  the  tendency  of  public 
opinion  in  France  upon  the  question  of  the  permanent  form  of 
government.  This  address,  representing  the  final  position  of  the 
club,  had  considerable  influence  in  the  way  of  preparing  for  the 
Republic. 

Reference.  Aulard,  Revolution  Francaise,  239-241. 

The  Mother  Society  has  seen  itself  obliged  to  interrupt 
its  correspondence  since  the  10th  of  August ; this  is  not  be- 
cause it  has  thought  that  that  famous  day  was  the  end  of  all 
the  conspiracies  and  of  all  the  intrigues ; a large  portion  of  its 
members  have  received  from  the  public  confidence  places  in 
the  provisional  administrations,  juries,  etc.  But  the  Society, 
become  a little  more  numerous,  has  expressed  its  desire  to 
resume  an  active  ..correspondence  with  its  brothers  of  the  de- 
partments, persuaded  that  circumstances  demand  more  than 
ever  fraternal  communications  between  all  the  Patriotic  So- 
cieties. 

Since  the  10th  of  August  conspirators  have  expiated  their 
offences ; the  public  spirit  has  risen  again ; the  sovereign,  re- 
covered possession  of  its  rights,  triumphs  at  length  over  the 
scoundrels  leagued  against  its  liberty  and  its  welfare.  Never- 
theless, the  people  of  Paris  have  felt  the  necessity  of  preserv- 
ing an  imposing  attitude  and  of  exercising  a strict  surveillance 
over  the  Minions  and  agents  of  the  traitor,  Louis  the  Last. 
Be  apprehensive,  brothers  and  friends,  lest  new  intrigues  shall 
follow  the  baffled  intrigues.  The  head,  the  cause  and  the  pre- 
text of  the  machinations  still  lives ! Despotism  moves  in  the 
darkness : let  us  be  ready  to  engage  in  a combat  to  the  death 
with  it,  under  whatever  form  it  presents  itself. 

The  great  interests  of  the  people  are  about  to  be  considered 
in  the  National  Convention;  let  us  not  lose  a moment  in  pre- 
paring and  making  heard  the.  national  opinion,  which  alone 
ought  to  direct  its  actions.  Especially  let  us  prevent  by  firm 
measures  the  danger  of  seeing  these  new  legislators  oppose 
with  impunity  their  personal  interests  or  their  opinions  to  the 
sovereign  will  of  the  nation.  Let  there  be  henceforth  no  in- 
violability except  the  law ; let  all  the  public  functionaries  al- 
ways see  the  penalty  alongside  of  the  offence;  recollect  how 
small  is  the  number  of  legislators  who  have  resisted  corrup- 
tion : only  a very  few  of  them  are  counted  in  each  legislature. 


128 


TRANSITION  TO  REPUBLIC  DOCUMENT, S 


Let  us  impress  our  minds  then  with  the  spirit  of  the  orders 
of  the  electoral  body  of  Paris ; they  alone  can  save  us  from  all 
sorts  of  despotism  and  the  dangers  of  convulsions  too  long  a 
time  prolonged,  etc. 

These  orders  are  in  substance : 

The  purgatorial  examination  of  the  National  Convention, 
in  order  to  reject  from  its  midst  the  suspected  members  who 
may  have  escaped  the  sagacity  of  the  primary  assemblies ; 

The  revocability  of  the  deputies  to  the  National  Convention 
who  have  attacked  or  who  attack  by  any  motions  the  rights 
of  the  sovereign ; 

The  sanction,  or  the  popular  revision  of  all  the  constitu- 
tional decrees  of  the  National  Convention; 

The  eptire  abolition  of  royalty  and  the  penalty  of  death 
against  those  who  may  propose  to  re-establish  it; 

The  form  of  a republican  government. 

These,  friends  and  brothers,  are  the  important  matters 
which  the  electors,  the  Commune,  and  the  Primary  Assemblies 
of  Paris,  invite  us  to  discuss  earnestly  in  order  to  fortify  and 
encompass  the  National  Convention  with  your  opinion  upon 
these  matters. 


27.  Documents  upon  the  Transition  to  the  Republic 

From  these  documents  something  can  be  learned  of  the  manner 
in  which  the  Republic  came  to  be  established.  The  precise  effect 
of  each  measure  should  be  noted. 

Reference.  Aulard,  Revolution  Francai-se , 208-274. 

A.  Declaration  upon  the  Constitution.  September  2T,  1702 
Duvergier,  Lois,  V,  1. 

The  National  Convention  declares : 1st,  there  cannot  be 

any  constitution  except  that  which  is  accepted  by  the  people ; 
2d,  that  persons  and  property  are  under  the  safeguard  of  the 
nation. 

B.  Decree  for  Abolishing  Monarchy.  September  21,  1792. 
Duvergier,  Lois,  V,  1. 

The  National  Convention  decrees  unanimously,  that  mon- 
archy is  abolished  in  France. 


CONVENTION  AND  FOREIGN  POLICY 


129 


C.  Decree  for  Provisional  Enforcement  of  the  Laws. 
September  21,  1792.  Moniteur,  September  22,  1792  '(Reim- 
pression, XIV,  8). 

The  National  Convention  declares  that  all  the  laws  not 
abrogated  and  all  the  powers  not  revoked  or  suspended  are 
maintained. 

The  National  Convention  declares  that  the  taxes  at  present 
actually  existing  shall  be  collected  as  in  the  past. 

D.  Decree  upon  the  Dating  of  Public  Documents.  Sep- 
tember 22,  1792.  Duvergier,  Lois,  V,  2. 

A member  demanded  that  henceforth  documents  be  dated, 
the  first  year  of  the  French  Republic. 

Another  member  proposed  to  join  to  that  the  era  in  use, 
the  fourth  year  of  liberty. 

This  amendment  is  rejected,  and  it  is  decreed  that  all  the 
public  documents  shall  bear  henceforth  the  date  of  the  first 
year  of  the  French  Republic. 

E.  Decree  upon  the  Unity  and  Indivisibility  of  the  Re- 
public. September  25,  1792.  Duvergier,  Lois,  V,  4. 

The  National  Convention  declares  that  the  French  Republic 
is  one  and  indivisible. 


28.  Documents  upon  the  Convention  and  Foreign  Policy. 

The  adoption  of  the  policy  set  forth  in  the  first  two  of  these 
decrees  marks  a great  turning'  jwint  in  the  history  of  the  Revolu- 
tion. Document  A,  passed  hastily  amid  the  enthusiasm  following 
the  French  victory  at  Jemmapcs,  may  be  regarded  as  representing 
the  Girondist  theory  of  foreign  policy.  In  contrast,  document  B 
may  be  called  the  Montagnard  theory.  Document  C represents 
the  more  practical  and  moderate  policy  of  Danton.  Special  at- 
tention should  be  given  to  the  effect  of  each  of  these  decrees  in 
foreign  countries. 


References.  Gardiner,  French  Revolution,  130-135  ; Stephens, 
Trench  Revolution,  II,  204-206  ; Lecky,  England  in  the  Eighteenth 
Century,  V,  58,  81-83  ; Von  Sybel,  French  Revolution,  II,  235-237, 
257-259,  III,  41-43 ; Lavisse  and  Rambaud,  Histoire  Generate, 
Till,  242-245,  282-2S5. 

A.  Declaration  for  Assistance  and  Fraternity  to  Foreign 
Peoples.  November  19,  1792. 

5 


130 


CONVENTION  AND  FOREIGN  POLICY 


The  National  Convention  declares,  in  the  name  of  the 
French  people,  that  it  will  accord  fraternity  and  assistance  to 
all  peoples  who  shall  wish  to  recover  their  liberty,  and  charges 
the  executive  power  to  give  to  the  generals  the  necessary  or- 
ders to  furnish  assistance  to  these  peoples  and  to  defend  the 
citizens  who  may  have  been  or  who  may  be  harassed  for  the 
cause  of  liberty.  The  present  decree  shall  be  translated  and 
printed  in  all  languages. 

B.  Decree  for  Proclaiming  the  Liberty  and  Sovereignty 
of  all  Peoples.  December  15,  1792.  Duvergier,  Lois,  V,  82-84. 

The  National  Convention,  after  having  heard  the  report  of 
its  united  committees  of  finances,  war,  and  diplomacy,  faith- 
ful to  the  principles  of  the  sovereignty  of  the  people,  which 
do  not  permit  it  to  recognize  any  of  the  institutions  which 
bring  an  attack  upon  it,  and  wishing  to  settle  the  rules  to  be 
followed  by  the  generals  of  the  armies  of  the  Republic  in  the 
countries  where  they  shall  carry  its  arms,  decrees : 

1.  In  the  countries  which  are  or  shall  be  occupied  by  the 
armies  of  the  Republic,  the  generals  shall  proclaim  immedi- 
ately, in  the  name  of  the  French  nation,  the  sovereignty  of 
the  people,  the  suppression  of  all  the  established  authorities 
and  of  the  existing  imposts  and  taxes,  the  abolition  of  the 
tithe,  of  feudalism,  of  seignioral  .rights,  both  feudal  and  ccn- 
suel,  fixed  or  precarious,  of  banalities,  of  real  and  personal 
servitude,  of  the  privileges  of  hunting  and  fishing,  of  corvees, 
of  the  nobility,  and  generally  of  all  privileges. 

2.  They  shall  announce  to  the  people  that  they  bring  them 
peace,  assistance,  fraternity,  liberty  and  equality,  and  that  they 
will  convoke  them  directly  in  primary  or  communal  assemblies, 
in  order  to  create  and  organize  an  administration  and  a provis- 
ional judiciary;  they  shall  look  after  the  security  of  persons 
and  property;  they  shall  cause  the  present  decree  and  the  pro- 
clamation herewith  annexed  to  be  printed  in  the  language  or 
idiom  of  the  country,  and  to  be  posted  and  executed  without 
delay  in  each  commune. 

3.  All  the  agents  and  civil  and  military  officers  of  the 
former  government,  as  well  as  the  persons  formerly  rep'uted 
noble,  or  the  members  of  any  formerly  privileged  corporation, 
shall  be,  for  this  time  only,  inadmissible  to  vote  in  the  primary 


CONVENTION  AND  FOREIGN  POLICY 


131 

or  communal  assemblies,  and  they  shall  not  be  elected  to  ad- 
ministrative or  the  provisional  judicial  power. 

4.  The  generals  shall  directly  place  under  the  safeguard 
and  protection  of  the  French  Republic  all  the  movable  and 
immovable  goods  belonging  to  the  public  treasury,  to  the 
prince,  to  his  abettors,  adherents  and  voluntary  satellites,  to 
the  public  establishments,  to  the  lay  and  ecclesiastical  bodies 
and  communities;  they  shall  cause  to  be  prepared  without 
delay  a detailed  list  of  them,  which  they  shall  dispatch  to  the 
executive  council,  and  shall  take  all  the  measures  which  are  in 
their  power  that  these  properties  may  be  respected. 

5. -  The  provisional  administration  selected  by  the  people 
shall  be  charged  with  the  surveillance  and  control  of  the  goods 
placed  under  the  safeguard  and  protection  of  the  French  Re- 
public; it  shall  look  after  the  security  of  persons  and  property; 
it  shall  cause  to  be  executed  the  laws  in  force  relative  to  the 
trial  of  civil  and  criminal  suits  and  to  the  police  and  the  pub- 
lic security;  it  shall  be  charged  to  regulate  and  to  cause  the 
payment  of  the  local  expenses  and  those  which  shall  be  neces- 
sary for  the  common  defence;  it  may  establish  taxes,  provid- 
ed, however,  that  they  shall  not  be  borne  by  the  indigent  and 
laboring  portion  of  the  people. 

6.  When  the  provisional  administration  shall  be  organized 
the  National  Convention  shall  appoint  commissioners  from 
within  its  own  body  to  go  to  fraternise  with  it. 

7.  The  executive  council  shall  also  appoint  national  com- 
missioners, who  shall  repair  directly  to  the  places  in  order  to 
co-operate  with  the  generals  and  the  provisional  administration 
selected  by  the  people  upon  the  measures  to  be  taken  for  the 
common  defence,  and  upon  the  means  employed  to  procure 
the  clothing  and  provisions  necessary  for  the  armies,  and  to 
meet  the  expenses  which  they  have  incurred  and  shall  incur 
during  their  sojourn  upon  its  territory. 

8.  The  national  commissioners  appointed  by  the  executive 
council  shall  every  fifteen  days  render  an  account  to  it  of  their 
operations.  The  executive  council  shall  approve,  modify  or 
reject  them  and  shall  render  an  account  thereof  directly  to  the 
Convention. 

9.  The  provisional  administration  selected  by  the  people 
and  the  functions  of  the  national  commissioners  shall  cease  as 


132 


CONVENTION  AND  FOREIGN  POLICY 


soon  as  the  inhabitants,  after  having  declared  the  sovereignty 
and  independence  of  the  people,  liberty  and  equality,  shall  have 
organized  a free  and  popular  form  of  government. 

10.  There  shall  be  made  a list  of  the  expenses  which  the 
French  Republic  shall  have  incurred  for  the  common  defence 
and  of  the  sums  which  it  may  have  received,  and  the  French 
nation  shall  make  arrangements  with  the  government  which 
shall  have  been  established  for  that  which,  may  be  due ; and  in 
case  the  common  interest  should  require  that  the  troops  of  the 
Republic  remain  beyond  that  time  upon  the  foreign  territory, 
it  shall  take  suitable  measures  to  provide  for  their  subsist- 
ence. 

11.  The  French  nation  declares  that  it  will  treat  as  ene- 
mies the  people  who,  refusing  liberty  and  equality,  or  renounc- 
ing them,  may  wish  to  preserve,  recall,  or  treat  with  the  prince 
and  the  privileged  castes;  it  promises  and  engages  not  to  sub- 
scribe to  any  treaty,  and  not  to  lay  down  its  arms  until  after 
the  establishment  of  the  sovereignty  and  independence  of  the 
people  whose  territory  the  troops  of  the  Republic  have  entered 
upon  and  who  shall  have  adopted  the  principles  of  equality, 
and  established  a free  and  popular  government. 

12.  The  executive  council  shall  dispatch  the  present  decree 
by  extraordinary  couriers  to  all  the  generals  and  shall  take  the 
necessary  measures  to  assure  the  execution  of  it. 

The  French  People  to  the  . . . People. 

Brothers  and  friends,  we  have  conquered  liberty  and  we 
shall  maintain  it.  We  offer  to  cause  you  to  enjoy  this  inesti- 
mable blessing,  which  has  always  belonged  to  us  and  which 
our  oppressors  have  not  been  able  to  take  away  from  us  with- 
out crime. 

We  have  driven  out  your  tyrants : show  yourselves  free 
men  and  we  will  guarantee  you  from  their  vengeance,  their 
projects,  and  their  return. 

From  this  moment  the  French  nation  proclaims  the  sover- 
eignty of  the  people,  the  suppression  of  all  the  civil  and  mili- 
tary authorities  which  have  governed  you  up  to  this  day,  and 
of  all  the  imposts  which  you  support,  under  whatever  form 
they  exist ; the  abolition  of  the  tithe,  of  feudalism,  of  scigniora! 
rights,  both  feudal  and  censuel,  settled  or  precarious,  of  ban - 


CONVENTION  AND  RELIGION 


133 


alities,  of  real  and  personal  servitude,  of  the  privileges  of 
hunting  and  fishing,  of  the  corvees , of  the  gabelle,  of  the  tolls, 
of  the  octrois,  and  generally  of  every  species  of  taxes  with 
which  you  have  been  charged  by  your  usurpers;  it  also  pro- 
claims  the  abolition  among  you  of  every  noble  corporation, 
sacerdotal  and  others,  of  all  prerogatives  and  privileges  con- 
trary to  equality.  You  are  from  this  moment,  brothers  and 
friends,  all  citizens,  all  equal  in  rights,  and  all  equally  called 
to  govern,  to  serve,  and  to  defend  your  fatherland. 

Form  yourselves  immediately  into  primary  and  communal 
assemblies,  make  haste  to  establish  your  provisional  admin- 
istrations and  judiciaries,  in  conformity  with  the  provisions 
of  article  3 of  the  above  decree.  The  agents  of  the  French 
Republic  will  co-operate  with  you  in  order  to  assure  your  wel- 
fare and  the  fraternity  which  ought  to  exist  henceforth  be- 
tween us. 

C.  Decree  upon  Non-Intervention.  April  13,  1793.  Du- 
vergier,  Lois,  V,  248.  * 

The  National  Convention  declares,  in  the  name  of  the 
French  people,  that  it  will  not  interfere  in  any  manner  in  the 
government  of  the  other  powers ; but  it  declares  at  the  same 
time,  that  it  will  sooner  be  buried  under  its  own  ruins  than  suf- 
fer that  any  power  should  interfere  in  the  internal  regime  of 
the  Republic,  or  should  influence  the  creation  of  the  constitu- 
tion which  it  intends  to  give  itself. 

The  National  Convention  decrees  the  penalty  of  death 
against  anyone  who  may  propose  to  negotiate  or  treat  with  the 
hostile  powers  which  may  not  have  previously  recognized 
in  a solemn  manner  the  independence  of  the  French  Republic, 
its  sovereignty,  and  the  indivisibility  and  unity  of  the  Republic, 
founded  upon  liberty  and  equality. 


29.  Documents  upon  the  Convention  and  Religion. 

Document  A shows  the  original  attitude  of  the  Convention 
towards  religion,  which  was  substantially  that  of  the  Constituent 
Assembly.  (See  No.  6. 1 Under  various  influences  that  attitude 
was  gradually  changed.  The  royalist  sympathies  of  the  non-juring 
priests  led  to  document  B,  the  Girondist  sympathies  of  the  con- 
stitutional clergy  to  document  C.  At  the  end  of  the  year  1793  the 


134 


CONVENTION  AND  RELIGION 


anti-Christianity  movement  was  very  strong  outside  of  the  Con- 
vention. Document  D represents  the  attitude  of  the  Convention 
towards  that  movement  and  also  marks  the  first  step  towards  the 
establishment  of  a new  system  upon  the  relations  between  the 
state  and  religion.  The  remaining  documents  represent  other- 
steps  in  the  process  and  its  final  position.  The  system  outlined 
iu  document  I continued  as  the  legal  basis  until  the  Concordat. 

References.  Sloane,  French  Revolution  and  Religious  Reform, 
211-217  ; Aulard,  Revolution  Francaise,  Part  II,  Chs.  ix  and  xn  : 
Lavisse  and  Rambaud,  Histovre  Generate,  VIII,  514-525  ; Debidour, 
L'Eglise  ct  Vlitat,  112-152. 


Decree  upon  Religious  Policy. 
, Lois,  V,  hi. 


January  n,  1793. 


Du- 


The  National  Convention,  after  having  heard  a deputation 
of  the  citizens  of  the  departments  of  Eure,  Orne  and  Eure  et 
Loire,  who  ask  in  the  name  of  more  than  a hundred  thousand 
of  their  fellow  citizens  that  they  be  not  disturbed  in  the  ex- 
ercise of  their  worship,  and  who  protest  that  they  wish  to  live 
and  die  good  Catholics  as  well  as  good  Republicans,  and  upon 
the  proposal  of  one  of  its  members,  passes  to  the  order  of  the 
day,  giving  as  the  motive  the  existence  of  its  decree  of  the 
30th  of  November,  in  which  it  orders  that  a notification  to  the 
people  shall  be  made  in  order  to  explain  to  them  that  the  Na- 
tional Convention  never  had  an  intention  of  depriving  them  of 
the  ministers  of  the  Catholic  sect  whom  the  Civil  Constitution 
of  the  Clergy  has  given  them. 


It  decrees,  besides,  that  a copy  of  this  decree  and  of  that 
of  the  30th  of  November  shall  be  sent  to  the  petitioners. 


B.  Decree  upon  the  Non-Juring  Priests.  April  23,  1793. 
Duvergier,  Lois,  V,  256. 

1.  The  National  Convention  decrees  that  all  the  secular 
and  regular  ecclesiastics  and  convert  and  lay  brothers,  who 
have  not  taken  the  oath  to  maintain  liberty  and  equality  in 
conformity  with  the  law  of  August  15,  1792,  shall  be  embarked 
and  transferred  without  delay  to  French  Guiana. 

2.  Those  who  shall  be  denounced  because  of  incivism  by 
six  citizens  in  the  canton  shall  be  subject  to  the  same  penalty. 


5.  Those  deported  in  execution  of  articles  1 and  2 above 


CONVENTION  AND  RELIGION 


135 


who  may  return  to  the  territory  of  the  Republic  shall  be  pun- 
ished by  death  within  twenty-four  hours. 


C.  Decree  upon  Dangerous 
(29  Vendemiaire,  Year  II). 


Priests.  October  20-21,  1793 
Duvergier,  Lois,  VI,  241-242. 


1.  Priests  subject  to  deportation  and  taken  with  arms  in 
their  hands,  either  upon  the  frontiers  or  in  the  country  of  the 
enemy ; 

Those  who  shall  have  been  or  shall  be  discovered  in  pos- 
session of  permits  or  passports  delivered  by  French  emigrant 
leaders,  or  by  commanders  of  enemies’  armies,  or  by  leaders 
of  the  rebels ; 

And  those  who  shall  be  furnished  with  any  counter-revolu- 
tionary symbols,  shall  be  delivered  within  twenty-four  hours 
to  the  executioner  of  condemned  criminals  and  put  to  death, 
after  the  facts  shall  have  been  declared  proven  by  a military 
commission  formed  by  the  officers  of  the  staff  of  the  division 
within  the  area  of  which  they  shall  have  been  arrested. 

2.  Those  who  have  been  or  who  shall  be  arrested  without 
arms  in  the  countries  occupied  by  the  troops  of  the  Republic 
shall  be  tried  in  the  same  form  and  punished  by  the  same 
penalty,  if  they  have  been  previously  in  the  armies  of  the  en- 
emy or  in  the  musters  of  Emigres  or  insurgents,  or  if  they 
were  there  at  the  moment  of  their  arrest. 


5.  Those  of  these  ecclesiastics  who  shall  return  and  those 
who  have  returned  to  the  territory  of  the  Republic  shall  be 
sent  to  the  court  house  of  the  criminal  tribunal  of  the  depart- 
ment within  the  area  of  which  they  shall  have  been  or  shall  be 
arrested ; and,  after  having  undergone  examination,  of  which 
record  shall  be  kept,  they  shall  be  delivered  .within  twenty- 
four  hours  to  the  executioner  of  condemned  criminals  and  put 
to  death,  after  the  judges  of  the  tribunal  shall  have  declared 
that  the  prisoners  are  convicted  of  having  been  subjects  of 
deportation. 

10.  Those  declared  subjects  for  deportation,  trial  and  pun- 
ishment as  such,  are  the  bishops,  former  archbishops,  cures 


136 


CONVENTION  AND  RELIGION 


kiept  in  place,  vicars  of  these  bishops,  superiors  and  di- 
rectors of  seminaries,  vicars  of  the  cures,  professors  of  semi- 
naries and  colleges,  public  instructors,  and  those  who  shall 
have  preached  in  any  churches  whatsoever  since  the  decree  of 
February  5,  1791,  who  shall  not  have  taken  the  oath  prescribed 

by  article  39  of  the  decree  of  July  24,  1790, or  who  have 

retracted  it,  although  they  may  have  taken  it  again  since  their 
retraction ; 

All  secular  or  regular  ecclesiastics  and  convert  and  lay 
brothers,  who  have  not  complied  with  the  decrees  of  August 
14,  1792,  and  April  21,  last,  or  who  have  retracted  their  oath ; 

And  finally  all  those  who  have  been  denounced  because  of 
incivism,  when  the  denunciation  shall  have  been  pronounced 
valid,  in  conformity  with  the  decree  of  the  said  21st  day  of 
April. 

12.  The  ecclesiastics  who  have  taken  the  oath  prescribed 
by  the  decrees  of  July  24  and  November  27,  1790,  as  well  as 
that  of  liberty  and  equality,  within  the  fixed  time,  and  who 
shall  be  denounced  because  of  incivism,  shall  be  embarked 
without  delay  and  transferred  to  the  east  coast  of  Africa  from 
the  twenty-third  to  the  twenty-eighth  degree  south. 


17-  Priests  deported  voluntarily  and  with  passports  . 
are  reputed  Emigres. 

18.  Every  citizen  is  required  to  denounce  the  ecclesiastic 
whom  he  shall  know  to  be  within  the  case  of  deportation,  to 
arrest  him  or  cause  him  to  be  arrested  and  conducted  before 
the  nearest  police  officer;  he  shall  receive  a hundred  livres 
reward. 

19.  Every  citizen  who  shall  conceal  a priest  subject  to  de- 
portation shall  .be  condemned  to  the  same  penalty. 

D.  Decree  upon  Religious  Freedom.  December  8,  1793 
(18  Frimaire,  Year  II).  Duvergier,  Lois,  VI,  333. 

1.  All  violence  and  measures  in  constraint  of  the  liberty 
of  worship  are  forbidden. 

2.  The  surveillance  of  the  constituted  authorities  and  the 
action  of  the  public  force  shall  confine  themselves  in  this 


CONVENTION  AND  RELIGION 


137 


matter,  each  for  what  concerns  it,  to  measures  of  police  and 
public  security. 

3.  The  National  Convention,  by  preceding  provisions, 
does  not  mean  to  derogate  in  any  manner  from  the  laws  or  pre- 
cautions of  public  safety  against  the  refractory  or  turbulent 
priests,  or  against  all  those  who  may  attempt  to  take  advantage 
of  the  pretext  of  religion  to  compromise  the  cause  of  liberty; 
no  more  does  it  intend  to  disapprove  of  what  has  been  done 
up  to  this  day  in  virtue  of  tire  orders  of  the  representatives  of 
the  people,  nor  to  furnish  to  anyone  whomsoever  pretext  for 
disturbing  patriotism  or  for  diminishing  the  free  scope  of  the 
public  spirit.  The  Convention  invites  all  good  citizens,  in  the 
name  of  the  fatherland,  to  abstain  from  all  disputes  that  are 
tneological  or  foreign  to  the  great  interests  of  the  French 
people,  in  order  to  co-operate  by  all  methods  in  the  triumph 
of  the  Republic  and  the  ruin  of  all  its  enemies. 

E.  Decree  for  Establishing  the  Worship  of  the  Supreme 
Being.  May  7,  1794  (18  Floreal,  Year  II).  Aulard,  Revolu- 
tion Francaise,  489-450. 

1.  The  French  people  recognize  the  existence  of  the  Su- 
preme Being  and  the  immortality  of  the  soul. 

2.  They  recognize  that  the  worship  worthy  of  the  Supreme 
Being  is  the  practice  of  the  duties  of  man. 

3.  They  place  in  the  first  rank  of  these  duties,  to  detest 
bad  faith  and  tyranny,  to  punish  tyrants  and  traitors,  to  relieve 
the  unfortunate,  to  respect  the  weak,  to  defend  the  oppressed, 
to  do  to  others  all  the  good  that  is  possible  and  not  to  be  un- 
just to  anyone. 

4.  Festivals  shall  be  instituted  to  remind  man  of  the 
thought  of  the  Divinity  and - of  the  dignity  of  his  being. 

5.  They  shall  take  their  names  from  the  glorious  events  of 
our  Revolution,  from  the  virtues  most  cherished  and  most  use- 
ful to  man,  and  from  the  great  gifts  of  nature. 

6.  The  French  Republic  shall  celebrate  every  year  the  fes- 
tival of  July  14,  1789,  August  10,  1792,  January  21,  1793,  and 
May  31,  1793. 

7.  It  shall  celebrate  on  the  days  of  decadi  the  list  of  festi- 
vals that  follows:  to  the  Supreme  Being  and  to  Nature;  to  the 


138 


CONVENTION  AND  RELIGION 


Human  Race;  to  the  French  People;  to  the  Benefactors  of 
Humanity ; to  the  Martyrs  of  Liberty ; to  Liberty  and  Equality ; 
to  the  Republic;  to  the  Liberty  of  the  World;  to  the  Love  of 
the  Fatherland;  to  the  Hatred  of  Tyrants  and  of  Traitors;  to 
Truth;  to  Justice;  to  Modesty;  to  Glory  and  Immortality;  to 
Friendship;  to  Frugality;  to  Courage;  to  Good  Faith;  to  He- 
roism ; to  Disinterestedness ; to  Stoicism ; to  Love ; to  Con- 
jugal Love;  to  Paternal  Love;  to  Maternal  Tenderness;  to 
Filial  Affection;  to  Childhood;  to  Youth;  to  Manhood;  to  Old 
Age;  to  Misfortune;  to  Agriculture;  to  Industry;  to  our  Fore- 
fathers ; to  Posterity ; to  Happiness. 

8.  The  committees  of  public  safety  and  of  public  instruc 
tion  are  charged  to  present  a plan  of  organization  for  these 
festivals. 

9.  The  National  Convention  summons  all  the1  talents  wor- 
thy to  serve  the  cause  of  humanity  to  the  honor  of  contributing 
to  their  establishment  by  hymns  and  patriotic  songs,  and  by 
all  the  means  which  can  enhance  their  beauty  and  utility. 

10.  The  Committee  of  Public  Safety  shall  confer  distinction 
upon  those  works  which  seem  the  best  adapted  to  carry  out 
these  purposes  and  shall  reward  their  authors. 

11.  Liberty  of  worship  is  maintained,  in  conformity  with 
the  decree  of  18  Frimaire. 

12.  Every  gathering  that  is  aristocratic  and  contrary  to 
public  order  shall  be  suppressed. 

13.  In  case  of  disturbances  of  which  any  worship  what- 
soever may  be  the  occasion  or  motive,  those  who  may  excite 
them  by  fanatical  preaching  or  by  counter-revolutionary  im- 
sinuations,  those  who  may  provoke  them  by  unjust  and  gratu- 
itous violence,  shall  likewise  be  punished  with  all  the  severity 
of  the  law. 

14.  A special  report  upon  the  provisions  of  detail  relative 
to  the  present  decree  shall  be  made. 

15.  A festival  in  honor  of  the  Supreme  Being  shall  be 
celebrated  upon  20  Prairial  next. 

David  is  charged  to  present  the  plan  thereof  to  the  National 
Convention. 

F.  Decree  upon  Expenditures  for  Religion.  September 
18,  1794  (2  Sans-Culottide,  Year  II).  Duvergier,  Lois,  VII, 
281. 


CONVENTION  AND  RELIGION 


139 


x.  The  French  Republic  no  longer  pays  the  expenses  or 
salaries  of  any  sect. 


G.  Decree  upon  Religion.  February  21,  1795  (3  Ventose, 
Year  III).  Duvergier,  Lois,  VIII,  25-26. 

1.  In  conformity  with  article  7 of  the  Declaration  of  the 
Rights  of  Man  and  with  article  122  of  the  Constitution,  the 
exercise  of  any  worship  cannot  be  disturbed. 

2.  The  Republic  does  not  pay  salaries  for  any  of  them. 

3.  It  does  not  furnish  any  edifice,  either  for  the  exercise 
of  worship  or  the  lodging  of  the  ministers. 

4.  The  ceremonies  of  every  sect  are  forbidden  outside  of 
the  premises  chosen  for  their  exercise. 

5.  The  law  does  not  recognize  any  minister  of  religion : 
nobody  can  appear  in  public  with  garments,  ornaments  or  cos- 
tumes set  apart  for  religious  ceremonies. 

6.  Every  gathering  of  citizens  for  the  exercise  of  any 
worship  is  subject  to  the  surveillance  of  the  constituted  au- 
thorities. That  surveillance  confines  itself  to  measures  of 
police  and  public  security. 

7.  No  symbol  peculiar  to  a sect  can  be  put  in  or  upon  the 
outside  of  a public  place,  in  any  manner  whatsoever.  No 
inscription  can  designate  the  place  which  is  set  aside  for  it. 
No  proclamation  or  public  summons  can  be  made  in  order  to 
call  the  citizens  there. 

8.  The  communes  and  communal  sections  in  collective 
name  shall  not  acquire  nor  loan  buildings  for  the  exercises  of 
sects. 

9.  No  perpetual  or  life  time  endowment  can  be  formed 
or  any  tax  established  in  order  to  provide  for  the  expenses  of 
them. 

H.  Decree  for  Restoring  Church  Buildings.  May  30, 
1795  ( 1 1 Prairial,  Year  III).  Duvergier,  Lois,  VIII,  127. 

I.  The  citizens  of  the  communes  and  communal  sections 
of  the  Republic  shall  have  the  free  use  provisionally  of  the 
non-alienated  edifices  originally  set  apart  for  the  exercises  of 
one  or  more  worships  and  of  which  they  were  in  possession 


140 


CONVENTION  AND  RELIGION 


on  the  first  day  of  the  Year  II  of  the  Republic.  They  can 
make  use  of  them  under  the  surveillance  of  the  constituted 
authorities,  both  for  the  assemblies  ordered  by  the  law  and  for 
the  exercise  of  their  worship. 

5.  Nobody  shall  perform  the  duties  of  the  ministry  of  any 
sect  in  the  said  edifices,  unless  he  has  made  acknowledgment, 
before  the  municipality  of  the  place  in  which  he  shall  wish  to 
exercise  it,  of  submission  to  the  laws  of  the  Republic.  Min- 
isters of  worship  who  shall  have  contravened  the  present 
article,  and  citizens  who  shall  have  summoned  or  admitted 
them,  shall  each  be  punished  with  a thousand  livres  fine  by 
way  of  correctional  police. 

I.  Organic  Act  upon  Religion.  September  29,  1795  (7 
Vendemiaire,  Year  IV).  Duvergier,  Lois,  VIII,  293-297. 

Th'e  National  Convention,  after  having  heard  the  report  of 
its  committee  of  legislation ; 

Considering  that  by  the  terms  of  the  Constitution,  nobody 
can  be  prevented  from  exercising,  in  conformity  with  the  laws, 
the  worship  which  he  has  chosen ; that  nobody  can  be  forced 
to  contribute  to  the  expenses  of  any  sect,  and  that  the  Republic 
does  not  pay  salaries  for  any  of  them ; 

Considering  that,  these  fundamental  bases  of  the  free  ex- 
ercise of  worship  being  thus  laid  down,  it  is  important,  on 
the  one  hand,  to  reduce  into  laws  the  necessary  consequences 
which  are  derived  therefrom,  and,  for  that  purpose,  to  unite 
them  into-  a single  body  and  to  modify  or  complete  those 
which  have  been  rendered ; and,  on  the  other  hand,  to  add  to 
them  the  penal  provisions  which  may  assure  the  execution  of 
them ; 

Considering  that  the  laws  to  which  it  is  necessary  to  con- 
form in  the  exercise  of  worship  do  not  legislate  upon  what 
belongs  to  the  domain  of  thought  only,  or  upon  the  relations 
of  man  with  the  objects  of  his  worship,  and  that  they  have  and 
can  have  for  their  purpose  only  a surveillance  restricted  to 
measures  of  police  and  public  security; 

That  thus  they  ought  to  guarantee  the  free  exercise  of  wor- 
ship by  the  punishment  of  those  who  disturb  the  ceremonies 
or  outrage  the  ministers  in  their  functions ; 


CONVENTION  AND  RELIGION 


141 

To  demand  of  the  ministers  of  every  sect  a purely  civic 
guarantee  against  the  abuse  which  they  may  make  of  their 
ministry  in  order  to  excite  disobedience  to  the  laws  of  the 
State ; 

To  anticipate,  prevent,  or  punish  everything  which  may 
tend  to  render  a sect  exclusive  or  dominant  and  persecuting, 
such  as  acts  of  the  communes  in  the  collective  name,  endow- 
ments, forced  contributions,  acts  of  violence  relative  to  the 
expenses  of  sects,  the  exposure  of  special  symbols  in  certain 
places,  the  exercise  of  ceremonies  and  the  use  of  costumes 
outside  of  the  premises  designated  for  the  said  exercises,  and 
the  undertakings  of  the  ministers  relative  to  the  civil  condi- 
tion of  the  citizens ; 

To  repress  offences  which  may  be  committed  by  occasion 
or  abuse  of  the  exercise  of  worship ; 

And,  finally,  to  regulate  the  competency  and  procedure  [of 
the  courts]  in  these  classes  of  cases; 

Decrees  as  follows : 

TITLE  I.  SURVEILLANCE  OF  THE  EXERCISE  OF  WORSHIP. 

Preliminary  and  General  Provision. 

1.  Every  gathering  of  citizens  for  the  exercise  of  any  wor- 
ship whatsoever  is  subject  to  the  surveillance  of  the  con- 
stituted authorities. 

This  surveillance  is  confined  to  measures  of  police  and  pub- 
lic security. 

TITLE  II.  GUARANTEE  OF  THE  FREE  EXERCISE  OF  EVERY 
WORSHIP. 

2.  Those  who  shall  insult  the  objects  of  any  worship  what- 
soever in  the  places  designated  for  its  exercise,  or  its  minis- 
ters on  duty,  or  shall  interrupt  by  a public  disturbance  the 
religious  ceremonies  of  any  other  worship  whatsoever,  shall 
be  condemned  to  a fine,  which  shall  not  exceed  five  hundred 
livres,  nor  be  less  than  fifty  livres  per  person,  and  an  impris- 
onment which  shall  not  exceed  two  years  nor  be  less  than 
one  month ; without  prejudice  to  the  penalties  provided  by  the 
Penal  Code,  if  the  nature  of  the  act  can  give  occasion  thereto. 


142 


CONVENTION  AND  RELIGION 


TITLE  III.  OF  THE  CIVIC  GUARANTEE  REQUIRED  OF  THE  MIN- 
ISTERS OF  EVERY  SECT. 

5.  Nobody  can  discharge  the  duties  of  the  ministry  of  any 
sect,  in  any  place  whatever,  unless  he  has  previously  made 
before  the  municipal  administration  or  the  municipal  deputy 
of  the  place  in  which  he  shall  wish  to  exercise  it,  a declaration, 
the  model  of  which  is  in  the  following  article.  The  declara- 
tions already  made  shall  not  dispense  with  that  ordered  by  the 
present  article. 

6.  The  formula  of  the  declaration  required  above  is  this : 

“The  . . . before  us  . ha>s  appeared  N.  (the 

name  and  prenomens  only),  resident  of  who  has 

made  the  declaration  whose  tenor  is  as  follows : 

“ 7 recognise  that  the  totality  of  the  French  citizens  is  the 
sovereign,  and  I promise  submission  and  obedience  to  the  laws 
of  the  Republic.’ 

“We  have  given  to  him  an  acknowledgment  of  this  declar- 
ation and  he  has  signed  with  us.” 

The  declaration  which  shall  contain  anything  more  or  less 
shall  be  null  and  void : 


TITLE  IV.  OF  THE  GUARANTEE  AGAINST  ANY  SECT  WHICH  MAY 
ATTEMPT  TO  BECOME  EXCLUSIVE  OR  DOMINANT. 

Section  I.  Concerning  the  expenses  of  the  sects. 

9.  Communes  or  communal  sections  shall  neither  acquire 
nor  loan  in  the  collective  name  premises  for  the  exercise  of 
worship. 

10.  No  perpetual  nor  life-time  endowment  can  be  formed 
nor  any  tax  established  in  order  to  provide  for  the  expenses 
of  any  sect  or  the  lodgment  of  its  ministers. 


Section  II.  Of  the  places  in  which  it  is  forbidden  to  place 
the  special  symbols  of  a sect. 

13.  No  special  symbol  of  a sect  can  be  raised,  affixed  or 
attached  in  any  place  whatsoever  in  such  a manner  as  to  be 
exposed  to  the  eyes  of  the  citizens,  except  within  the  premises 
designated  for  the  exercises  of  that  same  sect,  or  within  the 
interior  of  private  houses,  within  the  studios  or  magazines 


CONVENTION  AND  RELIGION 


143 


of  artists  and  merchants,  or  the  public  edifices  set  apart  to  re- 
ceive works  of  art. 

Section  III.  Of  the  places  in  which  the  ceremonies  of  the 
sects  are  forbidden. 

16.  The  ceremonies  of  all  sects  are  forbidden  outside  of 
the  precincts  of  the  edifice  chosen  for  their  exercise. 

This  prohibition  does  not  apply  to  the  ceremonies  which 
take  place  within  the  precincts  of  private  houses,  provided, 
that,  besides  the  persons  who  have  that  domicile,  there  shall 
not  be  on  the  occasion  of  the  said  ceremonies  a gathering  in 
excess  of  ten  persons. 

17.  The  premises  chosen  for  the  exercise  of  a worship 
shall  be  indicated  and  declared  to  the  municipal  deputy,  in  the 
communes  above  five  thousand  souls,  and  in  others  to  the 
municipal  administrations  of  the  canton  or  district. 

19.  Nobody  . . . can  appear  in  public  with  the  gar- 

ments, ornaments  or  costumes  set  apart  for  religious  ceremo- 
nies or  for  a minister  of  a sect. 


TITLE  V.  OF  CERTAIN  OFFENCES  WHICH  CAN  BE  COMMITTED  ON 
THE  OCCASION  OR  BY  THE  ABUSE  OF  THE  EXERCISE 
OF  WORSHIP. 

22.  Every  minister  of  a sect  who,  outside  of  the  premises 
of  the  edifice  set  apart  for  the  ceremonies  or  exercises  of  a 
worship,  shall  read  or  cause  to  be  read  in  an  assembly  of  per- 
sons, or  who  .shall  post  or  cause  to  be  posted,  shall  distribute 
or  cause  to  be  distributed,  a writing  emanating  from  or  an- 
nounced as  emanating  from  a minister  of  worship  who 
shall  not  be  resident  within  the  French  Republic,  or  even 
from  a minister  of  worship  residing  in  France  who  declares 
himself  the  delegate  of  another  who  does  not  reside  here, 
shall  be  condemned  to  six  months  in  prison,  independently  of 
the  tenor  of  the  said  writing,  and  in  case  of  repetition,  to  two 
years. 

23.  Any  minister  of  worship  who  shall  commit  any  one 
of  the  following  offences  shall  be  condemned  to  prison  forever, 
whether  it  be  by  his  discourses,  exhortations,  sermons,  invo- 


144 


DOCUMENTS  UPON  THE  EMIGRES 


cations  or  prayers,  in  any  language  whatsoever,  either  by  read- 
ing, publishing,  posting,  distributing,  or  causing  to  be  read, 
published,  posted  and  distributed,  within  the  premises  of  the 
edifice  set  part  for  the  ceremonies,  or  outside,  a writing  of 
which  he  shall  be  or  any  other  shall  be  the  author; 

To  wit:  if,  by  the  said  writing  or  discourse,  he  has  urged 
the  re-establishment  of  monarchy  in  France,  or  the  overthrow 
of  the  Republic,  or  the  dissolution  of  the  national  representa- 
tion ; 

Or  if  he  has  in-cited  murder,  or  excited  the  defenders  of 
the  fatherland  to  desert  their  flags,  or  their  fathers  and  moth- 
ers to  recall  them; 

Or  if  he  has  reproached  those  who  may  wish  to  take  arms 
for  the  maintenance  of  the  Republican  Constitution  and  the  de- 
fence of  liberty ; 

Or  if  he  has  summoned  persons  to  cut  down  the  trees  con- 
secrated to  liberty,  or  has  torn  down  or  treated  disrespectfully 
its  symbols  and  colors ; 

Or,  finally,  if  he  has  exhorted  or  encouraged  any  persons  to 
treason  or  rebellion  against  the  Government. 

24.  If,  by  writings,  placards  or  discourses,  a minister  of 
worship  seeks  to  mislead  the  citizens,  in  presenting  to  them 
as  unjust  or  criminal  the  sales  or  acquisitions  of  national  lands 
possessed  formerly  by  the  clergy  or  the  Emigres,  he  shall  be 
condemned  to  a thousand  livres  fine  and  two  years  in  prison ; 

In  addition,  he  shall  be  forbidden  to  continue  his  functions 
as  a minister  of  worship. 

If  he  infringes  this  prohibition,  he  shall  be  punished  by  ten 
years  of  imprisonment. 


30.  Documents  upon  the  Emigres. 

The  Emigres  were  an  important  factor  in  the  Revolution. 
Their  absence  from  France  deprived  Louis  XVI  of  support  which 
he  needed  ; their  intrigues  abroad  and  their  threats  of  vengeance 
did  much  to  arouse  the  fears  of  all  Frenchmen  who  sympathized 
with  the  Revolution.  Document  A,  although  much  less  virulent 
in  tone  than  others,  is  a typical  Emigre  manifesto.  Document  B 
may  be  called  an  organic  act,  codifying  earlier  legislation  against 
the  Emigres. 


References.  Stephens,  French  Revolution , II,  496-513  ; Au- 
lard,  Revolution  Francaise,  361-362. 


DOCUMENTS  UPON  THE  EMIGRES 


145 


A.  Declaration  of  the  Regent  of  France.  January  28,  1793. 
Moniteur,  February  26,  1793  ( Reimpression , XV,  545). 

Louis- Stanislas-Xavier  of  France,  son  of  France,  uncle  of 
the  King,  Regent  of  the  kingdom,  to  all  those  to  whom  these 
presents  shall  come,  greeting. 

Filled  with  horror  upon  learning  that  the  most  criminal 
of  men  have  just  reached  the  climax  of  their  numerous  out- 
rages by  the  greatest  of  crimes,  we  have  first  implored  Heaven 
to  obtain  its  assistance  in  surmounting  the  feelings  of  a pro- 
found grief  and  the  impulses  of  our  indignation,  to  the  end 
that  we  may  give  ourselves  up  to  the  fulfilling  of  the  duties 
which,  under  such  grave  circumstances,  are  the  first  in  order 
of  those  which  the  immutable  laws  of  the  French  Monarchy 
impose  upon  us. 

Our  very  dear  and  honored  brother  and  sovereign  lord, 
King  Louis,  the  sixteenth  of  that  name,  having  died  on  the 
21st  of  the  present  month  of  January,  beneath  the  parricidal 
sword  which  the  ferocious  usurpers  of  the  sovereign  author- 
ity in  France  have  raised  against  his  august  person, 

We  declare  that  the  Dauphin  Louis-Charles,  born  on  the 
27th  day  of  March,  1785,  is  King  of  France  and  Navarre,  un- 
der the  name  of  Louis  XVII,  and  that  by  right  of  birth,  as 
well  as  by  the  provisions  of  the  fundamental  laws  of  the  ldng,- 
dom,  we  are  and  shall  be  Regent  of  France  during  the  minor- 
ity of  the  King,  our  nephew  and  lord. 

Invested,  in  that  capacity,  with  the  exercise  of  the  rights 
and  powers  of  the  sovereignty  and  of  the  higher  ministry  of 
royal  justice,  we  undertake  them,  as  we  are  required  to  do 
in  the  discharge  of  our  obligations  and  duties,  for  the  pur- 
pose of  employing  ourselves,  with  the  aid  of  God  and  the 
assistance  of  good  and  loyal  Frenchmen  of  all  the  orders  of 
the  kingdom  and  of  the  powers  recognized  as  sovereign  allies 
of  the  crown  of  France, 

1st.  For  the  liberation  of  King  Louis  XVII,  our  nephew ; 
2d,  of  the  Queen,  his  august,  mother  and  guardian;  of  the 
Princess  Elizabeth,  his  aunt,  our  very  dear  sister,  all  kept  in 
the  most  distressing  captivity  by  the  leaders  of  the  factious ; 
and  at  the  same  time  for  the  re-establishment  of  the  monarchy 
upon  the  unalterable  bases  of  its  constitution,  the  reformation 
of  the  abuses  introduced  in  the  system  of  public  administra- 


146 


DOCUMENTS  UPON  THE  EMIGRES 


tion,  the  reestablishment  of  the  religion  of  our  fathers  in  the 
purity  of  its  worship  and  of  the  canonical  discipline,  the  re- 
storation of  the  magistracy  for  the  maintenance  of  public 
order  and  the  dispensing  of  justice,  the  restoration  of  French- 
men of  all  orders  in  the  exercise  of  legitimate  rights  and  in  the 
enjoyment  of  their  invaded  and  usurped  properties,  the  severe 
and  exemplary  punishment  of  crimes,  the  re-establishment  of 
the  authority  of  the  laws,  and  of  peace,  and,  finally,  the  ful- 
filling of  the  solemn  engagements  which  we  were  pleased  to 
take  in  conjunction  with  our  very  dear  brother,  Charles-Phil- 
ippe  of  France,  Count  of  Artois,  with  whom  are  united  our 
very  dear  nephews,  grandsons  of  France,  Louis- Antoine,  Duke 
of  Angouleme,  and  Charles-Ferdinand,  Duke  of  Berry,  and 
our  cousins  of  the  royal  blood,  Louis-Joseph  of  Bourbon, 
Prince  of  Conde,  Louis-Henry- Joseph  of  Bourbon,  Duke  of 
Bourbon,  and  Louis-Antoine-Henri  of  Bourbon,  Duke  of 
Enghein,  by  our  resolutions  addressed  to  the  late  king,  our 
brother,  September  11,  1791,  and  other  acts  emanating  from 
us,  declarations  of  our  principles,  feelings  and  wishes,  in 
which  acts  we  persist  and  shall  constantly  persist. 

For  these  purposes,  we  command  and  order  all  Frenchmen 
and  subjects  of  the  King  to  obey  the  commands  which  they 
shall  receive  from  us  in  the  name  of  the  King  and  the  com- 
mands of  our  very  dear  brother  Charles-Philippe  of  France, 
Count  of  Artois,  whom  we  have  appointed  and  designated 
Lieutenant  General  of  the  kingdom,  when  our  said  brother  and 
Lieutenant  General  shall  give  orders  in  the  name  of  the  King 
and  the  Regent  of  France.  Our  present  declaration  shall  be 
notified  to  whomsoever  it  shall  concern  and  shall  be  published 
by  all  the  officers  of  the  King,  military  or  magisterial,  to  whom 
we  shall  give  commission  and  charge  thereto,  in  order  that  the 
said  declaration  may  have  all  the  publicity  which  it  shall  be 
possible  to  give  it  in  France  at  present,  and  until  it  may  be 
addressed  in  the  usual  form  to  the  courts  of  the  kingdom, 
as  soon  as  they  shall  have  resumed  the  exercise  of  their  juris- 
dictions in  order  to  be  there  notified,  published,  registered  and 
executed. 

Given  at  Hamm,  in  Westphalia,  under  our  signature  and 
ordinary  seal,  of  which  we  are  making  use  for  transactions  of 
sovereignty  until  the  seals  of  the  kingdom,  destroyed  by  the 


DOCUMENTS  UPON  THE  EMIGRES 


147 


factious,  may  have  been  re-established,  and'  under  the  counter 
signature  of  the  ministers  of  State,  the  marshals  Broglie  and 
Castries.  This  28th  of  January,  1793,  and  of  the  reign  of  the 
King,  the  first. 


/ B.  Decree  against  the  Emigres.  March  28,  1793. 
vergier,  Lois,  V,  218-228. 


Du- 


1.  The  Emigres  are  forever  banished  from  French  ter- 
ritory; they  are  civilly  dead;  their  estates  are  acquired  by  the 
Republic. 

2.  Infraction  of  the  banishment  pronounced  by  article  1 
shall  be  punished  by  death. 

6-  Emigres  are : 

1st.  Every  Frenchman  of  either  sex  who,  after  having 
left  the  territory  of  the  Republic  since  July  1,  1789,  has  not 
made  proof  of  his  return  to  France  within  the  periods  fixed  by 
the  decree  of  March  30 — April  8,  1792.  The  said  decree  shall 
continue  to  be  executed  in  that  which  has  to  do  with  the  pecun- 
iary penalties  pronounced  against  those  who  shall  have  re- 
turned within  the  period  which  it  has  prescribed ; 

2d.  Every  Frenchman  of  either  sex,  absent  from  the  place 
of  his  domicile,  who  shall  not  prove,  in  the  form  which  is 
about  to  be  prescribed,  an  uninterrupted  residence  in  France 
since  May  9,  1792; 

3d.  Every  Frenchman  of  either  sex  who,  although  actually 
present,  has  been  absent  from  the  place  of  his  domicile  and 
shall  not  make  proof  of  an  uninterrupted  residence  in  France 
since  May  9,  1792; 

4th.  Those  who  shall  leave  the  territory  of  the  Republic 
without  fulfilling  the  formalities  prescribed  by  the  decree ; 

5th.  Every  agent  of  the  Government  who,  having  been 
charged  with  a mission  to  foreign  powers,  may  not  return  to 
France  within  three  months  from  the  day  of  notification  of  his 
recall ; 

6th.  Every  Frenchman  of  either  sex  who,  during  invasion 
made  by  foreign  armies,  has  left  non,-invaded  French  territory 
in  order  to  reside  upon  territory  occupied  by  the  enemy ; 

7th.  Those  who,  although  born  in  foreign  countries,  have 


I48  DECLARATION  OF  WAR  AGAINST  ENGLAND 


exercised  the  rights  of  citizens  in  France,  or  who,  having  a 
double  domicile,  to  wit,  one  in  France  and  the  other  in  for- 
eign countries,  shall  not  make  proof  of  an  uninterrupted  resi- 
dence in  France  since  May  9,  1792. 


31.  Declaration  of  War  against  Great  Britain. 

February  1,  1793.  Duvergier,  Lois,  V,  134-135. 

The  great  war  begun  by  this  declaration  lasted  until  1814, 
save  for  one  interval  of  about  fifteen  mouths  iu  1802-3,  being’  pro- 
tracted for  reasons  very  different  from  those  which  had  originally 
caused  it.  From  the  document  a tolerably  complete  list  of  the 
circumstances  which  the  Convention  regarded  as  justifying  the 
war  can  be  made  out. 

Refghences.  Lecky,  England  in  the  Eighteenth  Centurg,  V, 
45-135;  Browning,  Flight  to  Varennes  and  Other  Essays,  170-201’, 
Lavisse  and  Rambaud,  Ilistoire  Generate,  VIII,  248-249 ; Sorel, 
L’Europe  et  la  Revolution  Francalse,  III,  212-230,  240-245,  270- 
280. 

The  National  Convention,  after  having  heard  the  report  of 
its  committee  of  general  defence  upon  the  conduct  of  the  Eng- 
lish government  towards  France ; 

Considering  that  the  King  of  England  has  not  ceased,  es- 
pecially since  the  revolution  of  August  10,  1792,  to  give  to 
the  French  nation  proofs  of  his  malevolence  and  of  his  at- 
tachment to  the  coalition  of  the  crowned  heads ; 

That  at  that  time  he  ordered  his  ambassador  to  withdraw 
from  Paris,  because  he  did  not  wish  to  recognize  the  pro- 
visional executive  council  created  by  the  Legislative  Assembly; 

That  the  cabinet  of  Saint  James  discontinued  at  the  same 
time  its  correspondence  with  the  ambassador  of  France  at  Lon- 
don, under  pretext  of  the  suspension  of  the  former  king  of  the 
French  ; 

That,  since  the  opening  of  the  National  Convention,  it  has 
not  been  willing  to  resume  its  accustomed  correspondence  nor 
to  recognize  the  powers  of  this  Convention ; 

That  it  has  refused  to  recognize  the  ambassador  of  the 
French  Republic,  although  furnished  with  letters  of  credence 
in  its  name ; 


DECLARATION  OF  WAR  AGAINST  ENGLAND  14; 

That  it  has  sought  to  thwart  the  various  purchases  of 
grain,  arms,  and  other  merchandise  ordered  in  England,  wheth- 
er by  French  citizens  or  by  the  agents  of  the  French  Republic; 

That  it  has  caused  the  arrest  of  several  barges  and  vessels 
loaded  with  grain  for  France,  while,  contrary  to  the  tenor  of 
the  treaty  of  1786,  the  exportation  of  it  to  other  foreign  coun- 
tries has  continued ; 

That,  in  order  to  hamper  still  more  effectively  the  com- 
mercial operations  of  the  Republic  in  England,  it  has  caused 
the  circulation  of  the  assignats  to  be  prohibited  by  an  act  of 
parliament ; 

That,  in  violation  of  article  4 of  the  treaty  of  1786,  it  has 
caused  to  be  enacted  by  the  same  parliament,  in  the  course  of 
the  month  of  January  last,  an  act  which  subjects  all  French 
citizens  going  to  or  residing  in  England  to  forms  that  are  most 
inquisitorial,  most  vexatious,  and  most  dangerous  to  their  se- 
curity ; 

That,  within  the  same  time  and  against  the  tenor  of  article 
1 of  the  treaty  of  peace  of  1783,,  it  has  granted  open  protection 
and  financial  relief  to  the  Emigres  and  even  to  the  rebel  lead- 
ers who  have  already  fought  against  France ; that  it  maintains 
with  them  a daily  correspondence  evidently  directed  against  the 
French  Revolution ; 

That  it  likewise  welcomes  the  leaders  of  the  rebels  of  the 
French  western  colonies ; 

That,  in  the  same  spirit,  without  any  provocation  being 
given  it,  and  when  all  the  maritime  powers  are  at  peace  with 
England,  the  cabinet  of  Saint  James  has  ordered  a considerable 
armament  by  sea  and  an  augmentation  of  its  land  forces ; 

That  this  augmentation  was  ordered  at  the  moment  when 
the  English  ministry  was  persecuting  with  blind  fury  those 
who  were  supporting  in  England  the  principles  of  the  French 
Revolution,  and  was  employing  all  possible  means,  whether  jn 
parliament  or  outside,  to  cover  the  French  Republic  with  ig- 
nominy and  to  draw  upon  it  the  execration  of  the  English  na- 
tion and  of  all  Europe; 

That  the  purpose  of  this  armament,  intended  against  France, 
has  not  even  been  disguised  in  the  parliament  of  England; 

That,  although  the  provisional  executive  council  has  em- 
ployed all  means  to  preserve  peace  and  fraternity  with  the 


150 


DECLARATION  OF  WAR  AGAINST  ENGLAND 


English  nation  and  has  not  responded  to  the  calumnies  and 
the  violations  of  the  treaties,  except  by  complaints  founded 
upon  the  principles  of  justice  and  expressed  with  the  dignity 
of  free  men,  the  English  ministry  has  persevered  in  its  sys- 
tem of  malevolence  and  hostility,  continued  the  armaments, 
and  sent  a fleet  towards  the  Scheldt  to  interfere  with  the  oper- 
ations of  France  in  Belgium; 

That  at  the  news  of  the  execution  of  Louis  it  carried  out- 
rage against  the  French  Republic  to  the  point  of  giving  an  or- 
der to  the  ambassador  of  France  to  leave  the  soil  of  Great 
Britain  within  eight  days ; 

That  the  king  of  England  has  manifested  his  attachment 
to  the  cause  of  that  traitor  and  his  intention  to  susta:n  it  by 
various  resolutions  taken  at  the  moment  of  his  death,  as  well 
in  appointing  generals  for  his  army,  as  in  asking  the  parliament 
of  England  for  a considerable  addition  of  land  and  naval  forcr 
es  and  in  ordering  the  equipment  of  gunboats ; 

That  his  secret  coalition  with  the  enemies  of  France,  and 
especially  with  the  Emperor  and  with  Prussia,  has  just  been 
confirmed  by  a treaty  effected  with  the  first  in  the  month  of 
January  last; 

That  he  has  drawn  into  the  same  coalition  the  Stadtholder 
of  the  United  Provinces;  that  this  prince,  whose  servile  devo- 
tion to  the  orders  of  the  cabinet  of  Saint  James  and  of  Berlin 
is  only  too  notorious,  has  in  the  course  of  the  French  Revolu- 
tion and  despite  the  neutrality  which  he  was  protesting,  treat- 
ed with  contempt  the  agents  of  France,  welcomed  the  Emi- 
gres, harassed  the  French  patriots,  interfered  with  their  op- 
erations, released,  despite  the  accepted  usage  and  despite  the 
request  of  the  French  minister,  the  counterfeiters  of  false  as- 
signats; 

That,  most  recently,  in  order  to  co-operate  with  the  hostile 
designs  of  the  Court  of  London,  he  has  ordered  a naval  arma- 
ment, appointed  an  admiral,  ordered  the  Dutch  vessels  to  join 
the  English  fleet,  opened  a loan  to  supply  the  expenses  of  war, 
prevented  exportations  to  France  while  he  was  favoring  the 
supplying  of  the  Prussian  and  Austrian  magazines  with  pro- 
visions ; 

Considering,  finally,  that  all  these  circumstances  no  longer 
allow  the  French  Republic  to  hope  to  obtain,  by  means  of 
amicable  negotiations,  the  redress  of  its  grievances,  and  that 


THE  REVOLUTIONARY  TRIBUNAL  151 

all  the  acts  of  the  British  court  and  of  the  Stadtholder  are 
acts  of  hostility  and  equivalent  to  a declaration  of  war ; 

The  National  Convention  decrees  as  follows: 

1.  The  National  Convention  declares,  in  the  name  of  the 
French  nation,  that  in  view  of  all  these  acts  of  hostility  and 
aggression,  the  French  Republic  is  at  war  with  the  King  of 
England  and  the  Stadtholder  of  the  United  Provinces. 

2.  The  National  Convention  charges  the  provisional  execu- 
tive council  to  deploy  the  forces  which  shall  appear  to  it  nec- 
essary tO'  repulse  their  aggression  and  to  support  the  indepen- 
dence, the  dignity  and  the  interests  of  the  Republic. 

3.  The  National  Convention  authorises  the  provisional 
executive  council  to  dispose  of  the  naval  forces  of  the  Repub- 
lic, as  the  safety  of  the  State  shall  appear  to  it  to  require ; it 
revokes  all  the  particular  provisions  ordered  in  this  matter  by 
preceding  decrees. 


32.  Documents  upon  the  Revolutionary  Tribunal  of  Paris. 

These  documents  are  intended  to  show  the  evolution  and  gen- 
eral character  of  the  Revolutionary  Tribunal,  one  of  the  chief  in- 
stitutions of  the  Terror.  Between  the  dates  of  the  two  documents 
the  tribunal  was  divided  into  four  sections,  in  order  that  its  busi- 
ness might  be  dispatched  more  rapidly,  and  its  name  was  changed 
to  Revolutionary  Tribunal.  Something  of  the  methods  by  which 
it  was  supplied  with  cases  can  be  ascertained  from  No.  41. 

References.  Mathews,  French  Revolution , 231-232,  262  ; 

Stephens,  French  Revolution,  II,  330-343,  544-548  ; Aulard,  Revo- 
lution Fruncuise,  362-366. 

A.  Decree  for  Creating  an  Extraordinary  Criminal  Tribunal. 
March  10,  1793.  Duvergier,  Lois,  V,  190-191. 

TITLE  I.  OF  THE  COMPOSITION  AND  ORGANIZATION  OF  AN  EX- 
TRAORDINARY CRIMINAL  TRIBUNAL. 

i.  There  shall  be  established  at  Paris  an  extraordinary 
criminal  tribunal,  which  shall  have  jurisdiction  over  every 
counter-revolutionary  enterprise,  over  all  attacks  against  lib- 
erty, equality,  unity,  and  the  indivisibility  of  the  Republic,  the 
internal  and  external  security  of  the  State,  and  over  all  con- 
spiracies tending  to  re-establish  monarchy  or  to  establish  any 
other  authority  which  makes  an  attack  upon  the  liberty,  equal- 


152 


THE  REVOLUTIONARY  TRIBUNAL 


ity,  and  sovereignty  of  the  people,  whether  the  accused  be 
civil  or  military  functionaries  or  simply  citizens. 

2.  The  tribunal  shall  be  composed  of  a jury,  and  of  five 
judges,  who  shall  direct  the  examination  and  shall  apply  the 
law  after  the  declaration  of  the  jurors  upon  the  facts. 

3.  The  judges  shall  not  render  any  decision  unless  they 
are  at  least  three  in  number. 

5.  The  judges  shall  be  appointed  by  the  National  Conven- 
tion by  plurality  of  the  votes,  which,  nevertheless,  shall  not 
be  less  than  a fourth  of  the  votes. 

6.  There  shall  be  before  the  tribunal  a public  accuser  and 
two  assistants  or  alternates,  who  shall  be  appointed  by  the 
National  Convention,  as  are  the  judges  and  according  to  the 
same  method. 

7.  There  shall  be  appointed  by  the  National  Convention 
in  the  sitting  of  tomorrow  twelve  citizens,  of  the  department 
of  Paris  and  of  the  four  departments  which  environ  it,  who 
shall  discharge  the  duties  of  jurors,  and  four  alternates  of 
the  same  department,  who  shall  replace  the  jurors  in  case  of 
absence,  challenge  or  illness.  The  jurors  shall  discharge  their 
duties  until  May  1st  next;  and  there  shall  be  provision  made 
by  the  National  Convention  for  their  replacement  and  for  the 
formation  of  a jury  taken  from  among  the  citizens  of  all  the 
departments. 

8.  The  functions  of  the  police  of  the  general  security,  as- 
signed to  the  municipalities  and  the  administrative  bodies  by 
the  decree  of  August  nth  last,  shall  be  extended  to  all  the 
crimes  and  offences  mentioned  in  article  1 of  the  present 
decree. 

9.  All  the  records  of  denunciations,  informations,  and  ar- 
rests shall  be  addressed,  in  copy,  by  the  administrative  bodies, 
to  the  National  Convention,  which  shall  send  them  to  a com- 
mission of  its  members  charged  to  make  examination  of  them 
and  to  make  a report  thereof. 

10.  There  shall  be  formed  a commission  of  six  members  of 
the  National  Convention,  who  shall  be  charged  with  the  exam- 
ination of  all  the  papers,  to  make  a report  thereof,  and  to  draw 
up  and  present  the  documents  of  accusation,  to  look  afler  the 
examination  which  shall  be  made  in  the  extraordinary  tribu- 


THE  REVOLUTIONARY  TRIBUNAL 


153 


nal,  to  maintain  a constant  correspondence  with  the  public 
accuser  and  the  judges  upon  all  the  public  matters  which 
shall  be  sent  to  the  tribunal,  and  to  render  an  account  there- 
of to  the  National  Convention. 

11.  The  accused  who  shall  wish  to  challenge  one  or  more 
jurors  shall  be  required  to  state  the  causes  of  challenge  by  one 
and  the  same  document,  and  the  tribunal  shall  pronounce  upon 
the  validity  thereof  within  twenty-four  hours. 

12.  The  jurors  shall  vote  and  frame  their  declaration  pub- 
licly, with  loud  voice  and  by  majority  of  the  votes. 

13.  The  judgments  shall  be  carried  out  without  recourse 
to  the  tribunal  of  cassation. 

14.  The  accused  fugitives  who  shall  not  present  themselves 
within  three  months  from  the  trial  shall  be  treated  as  Em- 
igres, and  shall  be  subject  to  the  same  penalties,  whether  in 
relation  to  their  persons  or  to  their  estates. 


TITLE  II.  OF  THE  PENALTIES- 

1.  The  judges  of  the  extraordinary  tribunal  shall  pro- 
nounce the  penalties  provided  by  the  Penal  Code  and  the  sub- 
sequent laws  against  the  accused  who  are  convicted ; and  when 
the  offences  which  shall  continue  without  interruption  shall  be 
in  the  class  of  those  which  ought  to  be  punished  by  penalties 
of  the  correctional  police,  the  tribunal  shall  pronounce  these 
penalties,  without  sending  the  accused  to  the  police  tribunals. 

2.  The  estates  of  those  who  shall  be  condemned  to  the 
penalty  of  death  shall  be  acquired  by  the  Republic  and  there 
shall  be  provision  made  for  the  support  of  the  widows  and  chil- 
dren, if  they  have  no  estates  besides. 

3.  Those  who  may  be  convicted  of  crimes  or  offences 
which  have  not  been  provided  for  by  the  Penal  Code  and  the 
subsequent  laws,  or  whose  punishment  has  not  been  deter- 
mined by  the  laws,  and  whose  incivism  and  residence  upon  the 
territory  of  the  Republic  have  been  a matter  of  public  trouble 
and  disturbance,  shall  be  condemned  to  the  penalty  of  depor- 
tation. 


154 


THE  REVOLUTIONARY  TRIBUNAL 


B.  Law  of  22  Prairiak  June  io,  1794  (22  Prairial, 
Year  II).  Duvergier,  Lois,  VII,  190-192. 

1.  The  revolutionary  tribunal  shall  have  a president  and 
four  vice-presidents,  one  public  accuser,  four  substitutes  for 
the  public  accuser  and  twelve  judges. 

2.  The  jurors  shall  be  fifty  in  number. 

3.  The  different  functions  shall  be  discharged  by  the  cit- 
izens whose  names  follow : . [The  omission  relates 

exclusively  to  the  personnel  of  the  court.] 

The  revolutionary  tribunal  shall  divide  itself  into  sections 
composed  of  twelve  members,  to  wit:  three  judges  and  nine 
jurors,  which  jurors  cannot  give  judgment  at  a number  less 
than  that  of  seven. 

4.  The  revolutionary  tribunal  is  instituted  in  order  to  pun- 
ish the  enemies  of  the  people. 

5.  The  enemies  of  the  people  are  those  who  seek  to  de- 
stroy the  public  liberty,  either  by  force  or  by  artifice. 

6.  Those  are  reputed  enemies  of  the  people  who  shall  have 
promoted  the  re-establishment  of  royalty  or  sought  to  depre- 
ciate or  dissolve  the  National  Convention  and  the  revolution- 
ary and  republican  government  of  which  it  is  the  centre ; 

Those  who  shall  have  betrayed  the  Republic  in  the  com- 
mand of  places  and  armies,  or  in  any  other  military  function ; 
carried  on  correspondence  with  the  enemies  of  the  Republic ; 
labored  to  make  the  supplies  cr  the  service  of  the  armies  fail; 

Those  who  shall  have  sought  to  impede  the  supplies  for 
Paris  or  to  cause  scarcity  within  the  Republic ; 

Those  who  shall  have  seconded  the  projects  of  the  ene- 
mies of  France,  either  in  aiding  the  withdrawal  and  the  im- 
punity of  conspirators  and  the  aristocracy,  or  in  persecuting 
and  calumniating  patriotism,  or  in  corrupting  the  servants  of 
the  people,  or  in  abusing  the  principles  of  the  revolution,  the 
laws  or  the  measures  of  the  Government,  by  false  and  per- 
fidious applications ; 

Those  who  shall  have  deceived  the  people  or  the  represen- 
tatives of  the  people,  in  order  to  lead  them  into  operations 
contrary  to  the  interests  of  liberty; 

Those  who  shall  have  sought  to  promote  discouragement, 


THE  REVOLUTIONARY  TRIBUNAL 


155 


in  order  to  favor  the  enterprises  of  the  tyrants  leagued  against 
the  Republic ; 

Those  who  shall  have  spread  false  news  in  order  to  divide 
or  disturb  the  people ; 

Those  who  shall  have  sought  to  mislead  opinion  and  to 
prevent  the  instruction  of  the  people,  to  deprave  morals  and  to 
corrupt  the  public  conscience,  to  impair  the  energy  and  the 
purity  of  the  revolutionary  and  republican  principles,  either  by 
stopping  the  progress  of  them,  or  by  counter-revolutionary  or 
insidious  writings,  or  by  any  other  machination ; 

The  contractors  whose  bad  faith  compromises  the  safety  of 
the  Republic,  and  the  wasters  of  the  public  fortune,  other  than 
those  included  in  the  provisions  of  the  law  of  7 Frimaire: 

Those  who,  being  charged  with  public  functions,  abuse 
them  in  order  to  serve  the  enemies'  of  the  revolution,  to  dis- 
tress the  patriots  or  to  oppress  the  people ; 

Finally,  all  those  who  are  designated  in  the  preceding  laws 
relative  to  the  punishment  of  the  conspirators  and  counter- 
revolutionaries, and  who,  whatever  the  means  or  the  appear- 
ances with  which  they  cover  themselves,  shall  have  made  an  at- 
tack upon  the  liberty,  unity,  and  security  of  the  Republic,  or 
labored  to  prevent  the  strengthening  of  them. 

7.  The  penalty  provided  for  all  offences,  the  jurisdiction 
of  which  belongs  to  the  revolutionary  tribunal,  is  death. 

8.  The  proof  necessary  to  convict  the  enemies  of  the  peo- 
ple is  every  kind  of  evidence,  either  material  or  moral  or 
verbal  or  written,  which  can  naturally  secure  the  approval  of 
every  just  and  reasonable  spirit;  the  rule  of  judgment  is  the 
conscience  of  the  jurors  enlightened  by  love  of  the  fatherland; 
their  aim,  the  triumph  of  the  Republic  and  the  ruin  of  its  ene- 
mies ; the  procedure,  the  simple  means  which  good  sense  dic- 
tates in  order  to  come  to  the  knowledge  of  the  truth,  in  the 
forms  which  the  law  determines. 

It  is  confined  to  the  following  points : 

9.  Every  citizen  has  the  right  to  seize  and  to  arraign  be- 
fore the  magistrates  conspirators  and  counter-revolutionaries. 
He  is  required  to  denounce  them  when  he  knows  of  them. 

10.  Nobody  can  arraign  a person  before  the  revolutionary 
tribunal,  except  the  National  Convention,  the  committee  of 
public  safety,  the  committee  of  general  security,  the  represen- 


156 


THE  REVOLUTIONARY  TRIBUNAL 


tatives  of  the  people  who  are  commissioners  of  the  Convention, 
and  the  public  accuser  of  the  revolutionary  tribunal. 

11.  The  constituted  authorities  in  general  cannot  exercise 
this  right  without  having  notified  the  committee  of  public 
safety  and  the  committee  of  general  security  and  obtained  their 
authorisation. 

12.  The  accused  shall  be  examined  in  public  session:  the 
formality  of  the  secret  examination  which  precedes  is  sup- 
pressed as  superfluous ; it  shall  occur  only  under  special  cir- 
cumstances in  which  it  shall  be  judged  useful  for  a knowledge 
of  the  truth. 

13.  If  proofs  exist,  either  material  or  moral,  indepen- 
dently of  the  testified  proof,  there  shall  be  no  further  hearing 
of  testimony,  unless  that  formality  appears  necessary,  either 
to  discover  the  accomplices  or  for  other  important  considera- 
tions of  public  interest. 

14.  In  a case  in  which  there  shall  be  occasion  for  this 
proof,  the  public  accuser  shall  cause  to  be  summoned  the  wit- 
nesses who  can  show  the  way  to  justice,  without  distinction  of 
witnesses  for  or  against. 

15.  All  the  proceedings  shall  be  conducted  in  public  and  no 
written  deposition  shall  be  received,  unless  the  witnesses  are  so 
situated  that  they  cannot  be  brought  before  the  tribunal, 
and  in  that  case  an  express  authorisation  of  the  committees  of 
public  safety  and  general  security  shall  be  necessary. 

16.  The  law  gives  sworn  patriots  to  calumniated  patriots 
for  counsel ; it  does  not  grant  them  to  conspirators. 

17.  The  pleadings  finished,  the  jurors  shall  formulate  their 
verdicts  and  the  judges  shall  pronounce  the  penalty  in  the 
manner  determined  by  the  laws. 

The  president  shall  propound  the  question  with  lucidity, 
irecision,  and  simplicity.  If  it  was  presented  in  an  equivocal 
or  inexact  manner,  the  jury  may  ask  that  it  be  propounded  in 
another  manner. 

18.  The  public  accuser  may  not  on  his  own  authority  dis- 
charge a prisoner  bound  over  to  .the  tribunal  or  one  whom  he 
shall  have  caused  to  be  arraigned  there;  in  a case  in  which 
there  is  no'  matter  for  an  accusation  before  the  tribunal,  he 
shall  make  a written  report  of  it,  with  a statement  of  the  rea- 
sons, to  the  chamber  of  the  council,  which  shall  pronounce. 


LAW  FOR  REVOLUTIONARY  COMMITTEES 


157 


But  no  prisoner  may  be  discharged  from  trial  before  the  de- 
cision of  the  chamber  has  been  communicated  to  the  committees 
of  public  safety  and  general  security,  who  shall  examine  it. 

19.  A double  register  shall  be  kept  of  the  persons  ar- 
raigned before  the  revolutionary  tribunal,  one  for  the  public 
accuser  and  the  other  for  the  tribunal,  upon  which  shall  be 
enrolled  all  the  prisoners,  according  as  they  shall  be  arraigned. 

20.  The  Convention  modifies  all  those  provisions  of  the 
preceding  laws  which  may  not  be  in  agreement  with  the  pres- 

"ent  law  and  does  not  intend  that  the  laws  concerning  the  or- 
ganization of  the  ordinary  tribunals  should  apply  to  the  crimes 
of  counter-revolution  and  to  the  action  of  the  revolutionary 
tribunal. 

21.  The  report  of  the  committee  shall  be  joined  to  the 
present  decree  as  instruction. 


33.  Decree  for  Establishing  the  Revolutionary  Committees, 


March  21,  1793.  Duvergier,  Lois,  V,  206-207. 

The  revolutionary  committees  created  by  this  decree  were 
among  the  most  characteristic  and  potent  agencies  in  the  service 
of  the  revolutionary  government.  The  powers  granted  in  this  de- 
cree were  subsequently  much  increased  in  various  ways,  chiefly 
by  additional  decrees  and  by  authorisation  of  the  committee  of 
public  safety.  For  these  powers  at  their  greatest  extent  see  No. 
45. 


Refebence.  Aulard,  Revolution  Francaise,  350-355. 


1.  There  shall  be  formed  in  each  commune  of  the  Republic 
and  in  each  section  of  the  communes  divided  into  sections,  at 
the  hour  which  shall  be  indicated  in  advance  by  the  general 
council,  a committee  composed  of  twelve  citizens. 

2.  The  members  of  this  committee,  who  cannot  be  chosen 
from  the  ecclesiastics,  former  nobles,  former  seigneurs  of  the 
locality,  and  agents  of  the  former  seigneurs,  shall  be  chosen  by 
ballot  and  by  plurality  of  the  votes. 


4.  The  committee  of  the  commune,  or  each  of  the  commit- 
tees of  the  sections  of  the  commune,  shall  be  charged  to  re- 


158 


DECREE  UPON  THE  PRESS 


ceive  for  its  district  the  declarations  of  all  the  strangers  ac- 
tually residing  within  the  commune  or  who  may  arrive  there. 

5.  These  declarations  shall  contain  the  names,  age,  profes- 
sion, place  of  birth  and  means  of  existence  of  the  declarer. 

6.  They  shall  be  made  within  eight  days  after  the  publi- 
cation of  the  present  decree;  the  list  thereof  shall  be  printed 
and  posted. 

7.  Every  foreigner  who  shall  have  refused  or  neglected  to 
make  his  declaration  before  the  committee  of  the  commune  or, 
of  the  section  in  which  he  shall  reside,  within  the  period  above 
prescribed,  shall  be  required  to  leave  the  commune  within 
twenty-four  hours  and  the  territory  of  the  Republic  within 
eight  days. 


34.  Decree  upon  the  Press. 

March  20,  1793.  Duvergier,  Lois,  V,  230. 

During  the  earlier  stages  of  the  Revolution  the  freedom  of  the 
press  was  accepted  both  in  principle  and  in  practice.  Without 
formally  abandoning  the  principle,  the  royalist  newspapers  were 
suppressed  after  the  establishment  of  the  Republic,  and  Girondist 
newspapers  after  the  prosecution  of  the  Girondist  deputies.  This 
decree  illustrates  the  method  employed  against  the  royalist  news- 
papers and  is  typical  of  all  decrees  affecting  the  press. 

Reference.  Aulard,  Revolution  Francaise , 359-301. 


The  National  Convention  decrees: 

1.  Whoever  shall  be  convicted  of  having  composed  or 
printed  works  or  writings  which  incite  to  the  dissolution  of  the 
national  representation,  the  re-establishment  of  monarchy  or 
of  any  other  power  which  constitutes  an  attack  upon  the  sov- 
ereignty of  the  people,  shall  be  arraigned  before  the  extraor- 
dinary tribunal  and  punished  with  death. 

2.  The  vendors,  distributers  and  hawkers  of  these  works 
or  writings  shall  be  condemned  to  an  imprisonment  which 
shall  not  exceed  three  months,  if  they  declare  the  authors, 
printers  or  other  persons  from  whom  they  have  obtained 
them ; if  they  refuse  this  declaration,  they  shall  be  punished 
by  two  years  in  prison. 


COMMITTEE  OF  PUBLIC  SAFETY  DECREE 


159 


35.  Decree  for  Establishing  the  Committee  of 
Public  Safety. 


April  6,  1793.  Duvergier,  Lois,  V,  210. 

This  document  shows  the  Committee  of  Public  Safety  in  its 
original  character,  that  of  a ministry  responsible  to  the  Conven- 
tion. (See  Aulard.  Revolution  Francaise , 334-335.)  Through 
changes  in  its  membership  and  the  multiplication  of  its  powers 
and  duties,  in  part  by  decrees  of  the  Convention,  in  part  by  mere 
custom,  it  gradually  became  a very  different  institution.  For  its 
later  character  see  Nos.  43  and  45. 

Refekences.  Gardiner,  French  Revolution,  145-146  ; Mathews, 
French  Revolution,  229-231  ; Stephens,  French  Revolution,  II,  Ch. 
ix ; Aulard,  Revolution  Francaise,  329-342. 


The  National  Convention  decrees : 

1.  There  shall  be  formed,  by  the  call  of  names,  a commit- 
tee of  public  safety,  composed  of  nine  members  of  the  National 
Convention. 

2.  The  committee  shall  deliberate  in  secret ; it  shall  be 
charged  to  supervise  and  accelerate  the  action  of  the  adminis- 
tration entrusted  to  the  provisional  executive  council,  of  which 
it  may  even  suspend  the  orders,  when  it  shall  believe  them 
contrary  to  the  national  interest,  subject  to  giving  inform- 
ation thereof  to  the  Convention  without  delay. 

3.  It  is  authorised  to  take,  under  urgent  circumstances, 
measures  of  external  and  internal  defence ; and  the  orders 
signed  by  the  majority  of  its  deliberating  members,  which  can- 
not be  less  than  two-thirds,  shall  be  executed  without  delay 
by  the  provisional  executive  council.  It  shall  not  in  any  case 
issue  warrants  of  capture  or  arrest,  except  against  the  exec- 
utive agents,  and  subject  to  rendering  an  account  thereof  with- 
out delay  to  the  Convention. 

4.  The  National  Treasury  shall  hold  at  the  disposal  of  the 
committee  of  public  safety  [a  sum  of  money]  to  the  amount  of 
a hundred  thousand  livres  for  secret  expenses,  which  shall 
be  disbursed  by  the  committee  and  paid  upon  its  commands, 
which  shall  be  signed  as  are  the  orders. 

5.  It  shall  make  each  week  in  writing  a general  report  of 
its  operations  and  of  the  situation  of  the  Republic. 

6.  A register  of  all  its  deliberations  shall  be  kept. 

7.  This  committee  is  established  only  for  one  month. 


i6o 


ROBESPIERRE'S  DECLARATION  OF  RIGHTS 


8.  The  National  Treasury  shall  remain  independent  of  the 
committee  of  execution  and  subject  to  the  immediate  sur- 
veillance of  the  Convention,  according  to  the  method  deter- 
mined by  the  decrees. 


36.  Robespierre’s  Proposed  Declaration  of  Rights. 

April  24,  1793.  Moniteur,  May  5,  1793.  (Reimpression,  XVT, 
294-296). 

This  document  was  brought  forward  in  the  Convention  by 
Robespierre  during  the  debates  over  the  Constitution  of  the  Year 
I.  Although  not  actually  adopted  it  possesses  gi-eat  interest  as 
a profession  of  faith  of  its  author.  The  economic  tendency 
of  the  document  and  its  implications  in  regard  to  foreign  policy 
should  be  particularly  noticed. 

References.  Von  Sybel,  French  Revolution,  III,  64  ; Aulard, 
Revolution  Francaise,  290-292. 

The  representatives  of  the  French  people,  met  in  National 
Convention,  recognizing  that  human  laws  which  do  not  flow 
from  the  eternal  laws  of  justice  and  reason  are  only  the  out- 
rages of  ignorance  and  despotism  upon  humanity;  convinced 
that  neglect  and  contempt  of  the  natural  rights  of  man  are  the 
sole  causes  of  the  crimes  and  misfortunes  of  the  world ; have 
resolved  to  set  forth  in  a solemn  declaration  these  sacred  and 
inalienable  rights,  in  order  that  all  citizens,  being  enabled  to 
compare  constantly  the  acts  of  the  government  with  the  purpose 
of  every  social  institution,  may  never  permit  themselves  to  be 
oppressed  and  disgraced  by  tyranny ; and  in  order  that  the  peo- 
ple may  always  have  before  their  eyes  the  foundations  of  their 
liberty  and  their  welfare;  the  magistrate,  the  rule  of  his  duties; 
the  legislator,  the  purpose  of  his  mission. 

In  consequence,  the  National  Convention  proclaims  in  the 
face  of  the  world  and  under  the  eyes  of  the  Immortal  Legis- 
lator the  following  declaration  of  the  rights  of  man  and  citizen. 

1.  The  purpose  of  every  political  association  is  the  main- 
tenance of  the  natural  and  imprescriptible  rights  of  man  and 
the  development  of  all  his  faculties. 

2.  The  principal  rights  of  man  are  those  of  providing  for 
the  preservation  of  his  existence  and  his  liberty. 


ROBESPIERRE’S  DECLARATION  OF  RIGHTS  zfa 

3.  These  rights  belong  equally  to  all  men,  whatever  may 
be  the  difference  of  their  physical  and  mental  powers. 

4.  Equality  of  rights  is  established  by  nature:  society,  far 
from  impairing  it,  exists  only  to  guarantee  it  against  the  abuse 
of  power  which  renders  it  illusory. 

5.  Liberty  is  the  power  which  belongs  to  man  to  exercise 
at  his  will  all  his  faculties;  it  has  justice  for  rule,  the  rights  of 
others  for  limits,  nature  for  principle,  and  the  law  for  safe- 
guard. 

6.  The  right  to  assemble  peaceably,  the  right  to  express 
one’s  opinions,  either  by  means  of  the  press  or  in  any  other 
manner,  are  such  necessary  consequences  of  the  principle  of  the 
liberty  of  man,  that  the  necessity  to  enunciate  them  supposes 
either  the  presence  or  the  fresh  recollection  of  despotism. 

7.  The  law  can  forbid  only  that  which  is  injurious  to  soci- 
ety; it  can  order  only  that  which  is  useful. 

8.  Every  law  which  violates  the  imprescriptible  rights  of 
man  is  essentially  unjust  and  tyrannical;  it  is  not  a law. 

9.  Property  is  the  right  which  each  citizen  has,  to  enjoy 
and  dispose  of  the  portion  of  goods  which  the  law  guarantees 
to  him. 

10.  The  right  of  property  is  restricted,  as  are  all  the  others, 
by  the  obligation  to  respect  the  possessions  of  others. 

11.  It  cannot  prejudice  the  security,  nor  the  liberty,  nor 
the  existence,  nor  the  property  of  our  fellow  creatures. 

12.  All  traffic  which  violates  this  principle  is  essentially  il- 
licit and  immoral. 

13.  Society  is  under  obligation  to  provide  for  the  support 
of  all  its  members  either  by  procuring  work  for  them  or  by  as- 
suring the  means  of  existence  to  those  who  are  not  in  condi- 
tion to  work. 

14.  The  relief  indispensable  for  those  who  lack  the  neces- 
ities  of  life  is  a debt  of  those  who  possess  a superfluity;  it  be- 
longs to  the  law  to  determine  the  manner  in  which  this  debt 
must  be  discharged. 

15.  The  citizens  whose  incomes  do  not  exceed  what  i=  nec- 
essary for  their  subsistence  are  exempted  from  contributing 
to  the  public  expenses ; the  others  shall  support  them  progress- 
ively, according  to  the  extent  of  their  fortunes. 

16.  Society  ought  to  favor  with  all  its  power  the  progress 

6 


ROBESPIERRE'S  DECLARATION  OF  RIGHTS 


162 

of  public  reason  and  to  put  instruction  at  the  door  of  all  the 
citizens. 

17.  Law  is  the  free  and  solemn  expression  of  the  will  of 
the  people. 

18.  The  people  are  the  sovereign,  the  government  u their 
creation,  the  public  functionaries  are  their  agents ; the  people 
can,  when  they  please,  change  their  government  and  recall 
their  mandatories.  . 

19.  No  portion  of  the  people  can  exercise  ’the  power  of 
the  entire  people ; but  the  opinion  which  it  expresses  shall 
be  respected  as  the  opinion  of  a portion  of  the  people  who 
ought  to  participate  in  the  formation  of  the  general  will.  Each 
section  of  the  assembled  sovereign  ought  to  enjoy  the  right 
to  express  its  will  with  entire  liberty;  it  is  essentially  inde- 
pendent of  all  the  constituted  authorities  and  is  capable  of 
regulating  its  police  and  its  deliberations. 

20.  The  law  ought  to  be  equal  for  all. 

21.  All  citizens  are  admissible  to  all  public  offices,  without 
any  other  distinctions  than  those  of  their  virtues  and  talents 
and  without  any  other  title  than  the  confidence  of  the  people. 

22.  All  citizens  have  an  equal  right  to  participate  in  the 
selection  of  the  mandatories  of  the  people  and  in  the  forma- 
tion of  the  law. 

23.  In  order  that  these  rights  may  not  be  illusory  and  the 
equality  chimerical,  society  ought  to  give  salaries  to  the  pub- 
lic functionaries  and  to  provide  so  that  all  the  citizens  who 
live  by  their  labor  can  be  present  in  the  public  assemblies  to 
which  the  law  calls  them,  without  compromising  their  exist- 
ence or  that  of  their  families. 

24.  Every  citizen  ought  to  obey  religiously  the  magistrates 
and  the  agents  of  the  government,  when  they  are  the  organs 
or  the  executors  of  the  law. 

25.  But  every  act  against  the  liberty,  security,  or  property 
of  a man,  committed  by  anyone  whomsoever,  even  in  the  name 
of  the  law,  outside  of  the  cases  determined  by  it  and  the  forms 
which  it  prescribes,  is  arbitrary  and  void ; respect  for  the  law 
even  forbids  submission  to  it ; and  if  an  attempt  is  made  to 
execute  it  by  violence,  it  is  permissible  to  repel  it  by  force. 

26.  The  right  to  present  petitions  to  the  depositories  of  the 
public  authority  belongs  to  every  person.  Those  to  whom  they 


ROBESPIERRE'S  DECLARATION  OP  RIGHTS 


163 


are  addressed  ought  to  pass  upon  the  points  which  are  the 
object  thereof;  but  they  can  never  interdict,  nor  restrain,  nor 
condemn  their  use. 

27.  Resistance  to  oppression  is  a consequence  of  the  other 
rights  of  man  and  citizen. 

28.  There  is  oppression  against  the  social  body  when  one 
of  its  members  is  oppressed.  There  is  oppression  against  each 
member  of  the  social  body  when  the  social  body  shall  be  op- 
pressed. 

29.  When  the  government  violates  the  rights  of  the  peo- 
ple, insurrection  is  for  the  people  and  for  each  portion  of  the 
people  the  most  sacred  of  rights  and  the  most  indispensable  of 
duties. 

30.  When  the  social  guarantee  is  lacking  to  a citizen  he 
re-enters  into  the  natural  right  to  defend  all  his  rights  himself. 

31.  In  either  case,  to  tie  down  to  legal  forms  resistance 
to  oppression  is  the  last  refinement  of  tyranny.  In  every  free 
State  the  law  ought  especially  to  defend  public  and  personal 
liberty  against  the  abuse  of  the  authority  of  those  who  gov- 
ern : every  institution  which  is  not  based  upon  the  assumption 
that  the  people  are  good  and  the  magistrate  is  corruptible  is 
vicious. 

32.  The  public  offices  cannot  be  considered  as  distinctions, 
nor  as  rewards,  but  only  as  duties. 

33.  The  offences  of  the  mandatories  of  the  people  ought 
to  be  severely  and  quickly  punished.  No  one  has  the  right  to 
claim  for  himself  more  inviolability  than  other  citizens.  The 
people  have  the  right  to  know  all  the  transactions  of  their 
mandatories : these  ought  to  render  to  them  a faithful  account 
of  their  own  administration  and  to  submit  to  their  judgment 
with  respect. 

34.  Men  of  all  countries  are  brothers  and  the  different 
peoples  ought  to  aid  one  another,  according  to  their  power, 
as  if  citizens  of  the  same  State. 

35.  The  one  who  oppresses  a single  nation  declares  him- 
self the  enemy  of  all. 

36.  Those  who  make  war  on  a people  in  order  to  arrest  the 
progress  of  liberty  and  to  destroy  the  rights  of  man  ought 
to  be  pursued  by  all,  not  as  ordinary  enemies,  but  as  assassins 
and  rebellious  brigands. 


164 


DEPUTIES  ON  MISSION  DECREE 


37-  Kings,  aristocrats  and  tyrants,  whoever  they  may  be, 
are  slaves  in  rebellion  against  the  sovereign  of  the  earth, 
which  is  mankind,  and  against  the  legislator  of  the  universe, 
which  is  nature. 


37.  Decree  upon  the  Deputies  on  Mission. 


April  30,  1793.  Moniteur,  Mav  3,  1793.  ( Reimpression , XVI. 

281-283). 

Among  the  institutions  of  the  revolutionary  government  there 
was  none  more  characteristic  than  the  deputies  on  mission. 
(They  are  also  known  as  the  representatives  on  mission.)  The 
first  appearance  of  the  system  was  at  the  time  of  the  King’s 
flight ; after  the  10th  of  August  it  developed  rapidly.  This  decree 
applied  only  to  the  deputies  sent  on  mission  to  the  armies,  but 
their  powers  were  typical  of  all  those  sent  out.  It  simply  defined 
what  had  already  grown  up  in  practice.  In  No.  45  the  duties  and 
powers  of  the  deputies  on  mission  are  more  fully  set  forth. 

References.  Gardiner,  French  Revolution,  146-147  ; Stephens, 
French  Revolution,  II,  320,  364-371,  548-554 ; Aulard,  Revolution 
Francaise , 342-348. 


The  National  Convention,  after  having  heard  the  report  of 
its  Committee  of  Public  Safety  . . . decrees : 

1.  All  the  powers  delegated  by  the  convention  to  the  com- 
missioners whom  it  has  appointed  to  repair  to  the  departments 
for  recruiting,  to  the  armies,  upon  the  frontiers,  coasts  and  in 
the  harbors,  are  revoked.  All  the  deputies  who  are  on  mission, 
except  those  hereinafter  named,  shall  return  directly  to  the 
body  of  the  assembly. 


9.  The  commissioners  of  the  Convention  to  the  armies 
shall  bear  the  titles  of  representatives  of  the  people  sent  to 
such  army;  they  shall  wear  the  costume  decreed  the  current 
April  3. 

10.  The  representatives  of  the  people  sent  to  the  armies  -and 
the  generals  shall  co-operate  in  order  to  make  appointments 
immediately  for  all  the  posts  vacant  or  which  shall  come  to 
be  vacant,  whether  by  death,  resignation  or  dismissal,  in  con- 
formity with  the  method  of  promotion  which  has  been  decreed ; 
and  in  cases  of  urgency  and  the  lack  of  persons  who  have  the 


DEPUTIES  ON  MISSION  DECREE 


l6S 

qualifications  required  by  the  law,  they  can  appoint  provision- 
ally and  for  fifteen  days  only. 

11.  The  representatives  of  the  people  sent  to  the  armies 
shall  exercise  the  most  active  surveillance  over  the  operations 
of  the  agents  of  the  executive  council,  all  contractors  and 
dealers  for  the  armies,  and  over  the  conduct  of  the  generals, 
officers  and  soldiers ; they  may  suspend  all  civil  agents  and 
appoint  [others]  provisionally. 

12.  They  can  also  suspend  the  military  agents,  but  they  can 
replace  them  only  provisionally  until  after  the  approval  of  the 
Convention  for  suspension  or  until  the  persons  appointed  or 
elected  in  virtue  of  the  law  have  arrived  at  their  posts. 

13.  They  shall  look  after  the  condition  as  regards  defence 
and  supply  of  provisions  for  all  places,  fo.rts,  harbors,  coasts, 
armies  and  fleets  of  their  district ; they  shall  cause  inventories 
to  be  prepared  for  all  the  magazines  of  the  Republic,  and 
they  shall  cause  an  account  to  be  rendered  daily  of  the  condi- 
tion of  all  the  descriptions  of  supplies,  arms,  provisions  and 
munitions. 

14.  They  shall  cause  inspection  to  be  made  of  all  the 
armies  and  fleets  of  the  republic ; they  shall  cause  to  be  re- 
turned every  fifteen  days  lists  of  the  effectives  of  each  corps, 
signed  by  the  civil  and  military  agents ; they  shall  take  all 
measures  which  they  shall  deem  suitable  to  accelerate  the 
armament,  equipment  and  incorporation  of  the  volunteers  and 
recruits  in  the  existing  organizations,  and  the  armament  and 
equipment  of  the  fleets  of  the  Republic ; in  these  operations 
they  shall  co-operate  with  the  admirals,  generals  and  division 
commanders,  and  other  agents  of  the  executive  council. 

15.  Incase  of  insufficiency  of  the  forces  decreed,  they  may 
make  requisition  upon  the  National  Guards  of  the  depart- 
ments, whom  they  shall  cause  to  be  organized  into  battalions 
after  the  method  which  shall  be  decreed ; they  shall  also  make 
requisition  for  the  mounted  National  Guards,  in  order  to  com- 
plete the  existing  organizations ; and  when  the  organizations 
shall  be  complete,  they  can  form  new  squadrons  of  them,  mak- 
ing use  of  pleasure  horses  and  those  of  the  Emigres  or  those 
which  can  be  procured. 

16.  They  shall  take  all  measures  to  discover  and  to  cause 
to  be  arrested  the  generals,  and  to  cause  to  be  arrested  and 


X66  DEPUTIES  ON  MISSION  DECREE 

arraigned  before  the  revolutionary  tribunal  every  military  man, 
civil  agent  and  other  citizens  who  may  have  aided,  favored  or 
advised  a conspiracy  against  the  liberty  and  security  of  the 
Republic,  or  who  may  have  plotted  for  the  disorganization  of 
the  armies  and  fleets  and  squandered  the  public  funds. 

17.  They  shall  cause  to  be  distributed  to  the  troops  the 
bulletins,  addresses,  proclamations  and  instructions  of  the  Con- 
vention, which  shall  be  addressed  to  the  armies  by  the  com- 
mittee of  correspondence ; they  shall  employ  all  the  means  of 
instruction  which  are  in  their  power,  in  order  to  maintain  there 
the  republican  spirit. 

18.  The  representatives  of  the  people  sent  to  the  armies 
are  invested1  with  unlimited  powers  for  the  exercise  of  the 
powers  which  are  delegated  to  them;  they  can  make  requisition 
upon  the  administrative  bodies  and  all  civil  and  military 
agents ; they  can  act  in  the  number  of  two  and  can  employ 
the  number  of  agents  which  shall  be  necessary  for  them.  Their 
orders  shall  be  executed  provisionally. 

20.  The  representatives  of  the  people  sent  to  the  armies 
shall  render  account  of  their  operations,  at  least  each  week, 
to  the  Convention ; they  shall  be  required  to  address  each  day 
to  the  committee  of  public  safety  the  record  of  their  opera- 
tions, copies  of  their  orders  and  proclamations,  and  of  all  in- 
ventories and  lists  of  supplies,  which  they  shall  have  caused 
to  be  drawn  up ; they  shall  also  address  each  day  to  the  com- 
mittee of  finance  and  to  the  national  treasury  a detailed  ac- 
count of  the  lists  of  expenses  which  they  shall  have  exam- 
ine4  and  endorsed. 

21.  The  committee  of  public  safety  shall  present  each  week 
to  the  Convention  a summary  report  of  the  operations  of  the 
various  commissioners ; the  committee  of  finance  shall  also 
make  each  week  a report  of  the  expenses  examined  and  ap^ 
proved  by  them ; these  reports  shall  be  printed  and  distrib- 
uted. 

22.  The  representatives  of  the  people  sent  to  the  armies 
shall  be  renewed  by  half  each  month  ; they  shall  return  to  the 
Convention  only  after  an  authorisation  given  by  it,  except  in 
urgent  cases,  and  in  virtue  of  a decree  of  the  commission  with 
a statement  of  reasons. 


CONVENTION  AND  EDUCATION  iQy 

23.  The  committee  of  public  safety  shall  furnish  instruc- 
tions to  the  representatives  of  the  people  sent  to  the  armies,  in 
order  to  secure  uniformity  in  their  operations. 

26.  The  representatives  of  the  people  sent  to  the  armies, 
who  are  appointed  by  the  present  decree,  shall  continue,  each 
in  his  district,  the  supervision  over  the  recruiting  and  the  or- 
ganization into  departments  and  districts  of  the  countries  re- 
cently united  to  the  Republic. 

27.  The  committee  of  public  safety  shall  send  the  present 
decree  to  the  commissioners  of  the  Convention  at  present  on 
mission.  Those  who  are  appointed  by  the  present  decree  shall 
repair  directly  to  their  new  posts,  and  those  who  are  at  pres- 
ent with  the  armies  shall  remain  there  until  they  may  be  re- 
placed. 


33.  Documents  upon  the  Convention  and  Education. 


The  Convention  was  greatly  interested  in  education.  Much 
time  was  devoted  to  the  formulation  of  educational  plans,  even  at 
the  most  critical  stages  of  national  danger.  The  plans  first  adopt- 
ed were  frequently  changed.  Of  the  plans  here  given  the  first  two 
represent  the  most  ambitious  schemes  of  the  Convention  for 
primary  and  secondary  schools  respectively.  Document  C is  the 
final  scheme  for  the  whole  educational  system. 

References.  Stephens,  Yale  Review,  IV.  314-323  : Lavisse 
and  Rambaud,  Histoire  Generale,  VIII.  534-556. 

A.  Decree  upon  Primary  Education.  May  30,  1793.  Du- 
vergier,  Lois,  V,  309- 

1.  There  shall  be  a primary  school  in  all  places  which 
have  from  four  hundred  to  fifteen  hundred  persons. 

This  school  shall  serve  for  all  the  inhabitants  except  peo- 
ple who  shall  be  more  than  a thousand  toises  distant. 

2.  There  shall  be  in  each  of  these  schools  a teacher 
charged  to  instruct  the  pupils  in  the  branches  of  knowledge 
necessary  to  citizens  in  order  to  exercise  their  rights,  to  dis- 
charge their  duties  and  to  administer  their  domestic  affairs. 

3.  The  committee  of  public  instruction  shall  present  the 
proportional  method  for  the  more  populous  communes  and  the 
cities. 


CONVENTION  AND  EDUCATION 


1 68 


4.  The  teachers  shall  be  charged  to  give  lectures  and  in- 
struction once  per  week  to  citizens  of  every  age  and  of  both 
sexes. 

5.  The  project  of  the  present  decree  presented  by  the  com- 
mittee of  public  instruction  shall  be  irrevocably  placed  as  the 
order  of  the1  day  for  every  Thursday. 

B.  Decree  upon  Secondary  Education.  February  25,  1795 
(29  Ventose,  Year  I'll).  Duvergier,  Lois,  VIII,  29-30. 

Chapter  I.  Institution  of  the  Central  Schools. 

1.  For  instruction  in  the  sciences,  letters  and  arts  therr 
shall  be  established  in  the  entire  extent  of  the  Republic  cen 
tral  schools  distributed  on  the  basis  of  population;  the  pro- 
portional basis  shall  be  one  school  for  three  hundred  thousand 
inhabitants. 

2.  Each  central  school  shall  be  composed  of,  1st,  a profes- 
sor of  mathematics ; 2d,  a professor  of  experimental  physics 
and  chemistry ; 3d,  a professor  of  natural  history ; 4th,  a 
professor  of  agriculture  and  commerce;  5th,  a professor  of  the 
method  of  the  sciences  or  logic;  6th,  a professor  of  political 
economy  and  legislation ; 7th,  a professor  of  the  philosophical 
history  of  peoples ; 8th,  a professor  of  hygiene ; 9th,  a pro- 
fessor of  arts  and  crafts ; 10th,  a professor  of  general  gram- 
mar; nth,  a professor  of  belles-lettres ; 12th,  a professor  of 
ancient  languages ; 13th,  a professor  of  the  living  languages 
most  appropriate  to  the  localities;  14th,  a professor  of  the 
arts  of  design. 

3.  In  all  the  central  schools  the  professors  shall  give  their 
lessons  in  French. 

4.  They  shall  have  every  month  a public  conference  upon 
matters  which  affect  the  progress  of  the  sciences,  letters  and 
arts  most  useful  to  society. 

5.  At  each  central  school  there  shall  be,  1st,  a public  li- 
brary; 2d,  a garden  and  a cabinet  of  natural  history;  3d,  a 
cabinet  of  experimental  physics ; 4th,  a collection  of  machines 
and  models  for  the  arts  and  crafts. 

6.  The  committee  of  public  instruction  remains  charged  to 
cause  to  be  composed  the  elementary  books  which  must  serve 
for  the  instruction  in  the  central  schools. 


CONVENTION  AND  EDUCATION 


169 


Chapter  III.  Pupils  of  the  Fatherland. 

1.  The  pupils  who  at  the  Festival  of  Youth  shall  be  most 
distinguished  and  shall  have  obtained  more  especially  the 
approbation  of  the  people  shall  receive,  if  they  are  of  small 
fortune,  an  annual  pension  in  order  to  procure  for  them  the 
opportunity  to  attend  the  central  schools- 

2.  Prizes  of  encouragement  shall  be  distributed  every  year 
in  the  presence  of  the  people  at  the  Festival  of  Youth. 

The  professor  of  the  pupils  who  shall  have  won  the  prize 
shall  receive  a civic  crown. 

3.  In  consequence  of  the  present  law,  all  the  establishments 
devoted  to  public  instruction  under  the  name  of  colleges  and 
paid  stipends  by  the  nation,  are  and  shall  remain  suppressed 
within  the  entire  extent  of  the  Republic. 

4.  The  committee  of  public  instruction  shall  make  a report 
upon  the  buildings  and  establishments  already  devoted  to  pub- 
lic instruction  in  the  sciences  and  arts,  such  as  botanical  gar- 
dens, cabinets  of  natural  history,  fields  intended  for  experi- 
ments in  cultivation,  observations,  and  societies  of  scholars  and 
artists  which  it  may  be  well  to  preserve  in  the  new  plan  of 
national  instruction. 

C.  Organic  Act  upon  Education.  October  25,  1795  (3 
Brumaire.  Year  III).  Duvergier,  Lois,  VIII,  357-361. 


TITLE  III.  OF  THE  SPECIAL  SCHOOLS. 

I.  There  shall  be  in  the  Republic  schools  especially  intend- 
ed for  the  study  of:  1st,  astronomy;  2d,  geometry  and  me- 
chanics ; 3d,  natural  history ; 4th,  medicine ; 5th,  the  veter- 
inary art ; 6th,  rural  economy ; 7th,  antiquities ; 8th,  the  polit- 
ical sciences;  9th,  painting,  sculpture  and  architecture;  10th, 
music. 


TITLE  IV.  NATIONAL  INSTITUTE  OF  THE  SCIENCES  AND  ARTS. 

I.  The  National  Institute  of  the  Sciences  and  Arts  belongs 
to  the  whole  Republic;  it  is  located  at  Paris:  it  is  intended: 
1st,  to  improve  the  sciences  and  arts  by  uninterrupted  research- 
es, by  the  publication  of  discoveries,  by  correspondence  with 
for  eign  learned  societies ; 2d,  to  pursue,  in  conformity  with  the 


170 


CONSTITUTION  OF  THE,  YEAR  I 


laws  and  orders  of  the  Executive  Directory,  literary  and  sci- 
entific works  which  shall  have  for  their  purpose  the  general 
advantage  and  the  glory  of  the  Republic. 

2.  It  is  composed  of  members  residing  at  Paris  and  of  an 
equal  number  scattered  in  the  different  parts  of  the  Republic ; 
it  associates  with  itself  foreign  scholars,  of  whom  the  number 
is  twenty-four,  eight  for.  each  of  the  three  classes. 


6.  Each  class  of  the  Institute  shall  publish  every  year  its 
discoveries  and  works. 


io.  The  Institute  being  once  organized,  the  appointments 
to  vacant  places  shall  be  made  by  the  Institute  out  of  a list, 
at  least  triple,  presented  by  the  claiss  in  which  a place  shall 
have  become  vacant. 


39.  Constitution  of  the  Year  !. 


June  24,  1793.  Duvergier,  Lois,  V,  352-358. 

This  constitution  was  drawn  up  by  the  Convention  and  was 
submitted  to  the  people.  Although  accepted  by  them,  it  was  never 
put  in  operation,  being  first  temporarily  suspended  and  afterwards 
set  aside.  It  possesses  decided  interest,  nevertheless,  since  it 
represents  the  ideas  of  the  Montagnards  ,as  to  the  best  permanent 
form  of  government.  It  should  be  compared  with  their  schemes  of 
provisional  government  (Nos.  43  and  45)  and  with  the  con- 
stitutions of  1791  and  of  the  Year  III  (Nos.  15  and  50),  espec- 
ially with  respect  to  the  executive  and  legislative  branches  of  the 
government. 

References.  Mathews,  French  Revolution,  227-229  ; Stephens, 
French  Revolution,  II,  530-535 ; Aulard,  Revolution  Francaise, 
Part  Ii,  Ch.  iv ; Lavisse  and  Rambaud,  Histoire  Generate,  VIII. 
179-180. 


Declaration  of  the  Rights  of  Man  and  Citizen. 

The  French  people,  convinced  that  forgetfulness  and  con- 
tempt of  the  natural  rights  of  man  are  the  sole  causes  of 
the  miseries  of  the  world,  have  resolved  to  set  forth  in  a 
solemn  declaration  these  sacred  and  inalienable  rights  in  order 


CONSTITUTION  OP  THE  lrEAR  I 


171 


that  all  the  citizens,  being  able  to  compare  unceasingly  the 
acts  of  the  government  with  the  aim  of  every  social  institu- 
tion, may  never  allow  themselves  to  be  oppressed  and  debased 
by  tyranny ; and  in  order  that  the  people  may  always  have 
before  their  eyes  the  foundations  of  their  liberty  and  their 
welfare,  the  magistrate  the  rule  of  his  duties,  the  legislator 
the  purpose  of  his  commission. 

In  consequence,  it  proclaims  in  the  presence  of  the  Su- 
preme Being  the  following  declaration  of  the  rights  of  man 
and  citizen. 

t.  The  aim  of  society  is  the  common  welfare. 

Government  is  instituted  in  order  to  guarantee  to  man  the 
enjoyment  of  his  natural  and  imprescriptible  rights. 

2.  These  rights  are  equality,  liberty,  security,  and  property. 

3.  All  men  are  equal  by  nature  and  before  the  law. 

4.  Law  is  the  free  and  solemn  expression  of  the  general 
will ; it  is  the  same  for  all,  whether  it  protects  or  punishes ; 
it  can  command  only  what  is  just  and  useful  to  society;  it 
can  forbid  only  what  is  injurious  to  it. 

5.  All  citizens  are  equally  eligible  to  public  employments. 
Free  peoples  know  no  other  grounds  for  preference  in  their 
elections  than  virtue  and  talent. 

6.  Liberty  is  the  power  that  belongs  to  man  to  do  what- 
ever is  not  injurious  to  the  rights  of  others:  it  has  nature 
for  its  principle,  justice  for  its  rule,  law  for  its  defence ; its 
moral  limit  is  in  this  maxim : Do  not  do  to  another  that  which 
you  do  not  wish  should  be  done  to  you. 

7.  The  right  to  express  one’s  thoughts  and  opinions  by 
means  of  the  press  or  in  any  other  manner,  the  right  to  assem- 
ble peaceably,  the  free  pursuit  of  religion,  cannot  be  forbidden. 

The  necessity  of  enunciating  these  rights  supposes  either 
the  presence  or  the  recollection  of  recent  despotism. 

8.  Security  consists  in  the  protection  afforded  by  society 
to  each  of  its  members  for  the  preservation  of  his  person,  his 
rights,  and  his  property. 

9.  The  law  ought  to  protect  public  and  personal  liberty 
against  the  oppression  of  those  who  govern. 

10.  No  one  ought  to  be  accused,  arrested,  or  detained 
except  in  the  cases  determined  by  law  and  according  to  the 
forms  that  it  has  prescribed.  Any  citizen  summoned  or  seized 


172 


CONSTITUTION  OF  THE  YEAR  I 


by  the  authority  of  the  law,  ought  to  obey  immediately:  he 
makes  himself  guilty  by  resistance. 

11.  Any  act  done  against  a man  outside  of  the  cases  and 
without  the  forms  that  the  law  determines  is  arbitrary  and 
tyrannical ; the  one  against  whom  it  may  be  intended  to 
be  executed  by  violence  has  the  right  to  repel  it  by  force. 

12.  Those  who  may  incite,  expedite,  subscribe  to,  execute 
or  cause  to  be  executed  arbitrary  legal  instruments  are  guilty 
and  ought  to  be  punished. 

13.  Every  man  being  presumed  innocent  until  he  has  been 
pronounced  guilty,  if  it  is  thought  indispensable  to  arrest 
him,  all  severity  that  may  not  be  necessary  to  secure  his  person 
ought  to  be  strictly  repressed  by  law. 

14.  No  one  ought  to  be  tried  and  punished  except  after 
having  been  heard  or  legally  summoned,  and  except  in  virtue 
of  a law  promulgated  prior  to  the  offence.  The  law  which 
would  punish  offences  committed  before  it  existed  would  b*e 
a tyranny : the  retroactive  effect  given  to  the  law  would  be 
a crime. 

.15.  The  law  ought  to  impose  only  penalties  that  are 
strictly  and  obviously  necessary : the  punishments  ought  to 
be  proportionate  to  the  offence  and  useful  to  society. 

16.  The  right  of  property  is  that  which  belongs  to  every 
citizen;  to  enjoy,  and  to  dispose  at  his  pleasure  of  his  goods, 
income,  and  of  the  fruits  of  his  labor  and  his  skill. 

17.  No  kind  of  labor,  tillage,  or  commerce  can  be  for- 
bidden to  the  skill  of  the  citizens. 

18.  Every  man  can  contract  his  services  and  his  time , 
but  he  cannot  sell  himself  nor  be  sold : his  person  is  not  an 
alienable  property.  The  law  knows  of  no  such  thing  as  the 
status  of  servant;  there  can  exist  only  a contract  for  services 
and  compensation  between  the  man  who  works  and  the  one 
who  employs  him. 

19.  No  one  can  be  deprived  of  the  least  portion  of  his 
property  without  his  consent,  unless  a legally  established 
public  necessity  requires  it  and  upon  condition  of  a just  and 
prior  compensation. 

20.  No  tax  can  be  imposed  except  for  the  general  advan- 
tage. All  citizens  have  the  right  to  participate  in  the  estab- 


CONSTITUTION  OF  THE  YEAR  I 


173 


lishment  of  taxes,  to  watch  over  the  employment  of  them, 
and  to  cause  an  account  of  them  to  be  rendered. 

21.  Public  relief  is  a sacred  debt.  Society  owes  mainte- 
nance to  unfortunate  citizens,  either  in  procuring  work  for 
them  or  in  providing  the  means  of  existence  for  those  who 
are  unable  to  labor. 

22.  Education  is  needed  by  all.  Society  ought  to  favor 
with  all  its  power  the  advancement  of  the  public  reason  and 
to  put  education  at  the  door  of  every  citizen. 

23.  The  social  guarantee  consists  in  the  action  of  all  to 
secure  to  each  the  enjoyment  and  the  maintenance  of  his  rights : 
this  guarantee  rests  upon  the  national  sovereignty. 

24.  It  cannot  exist  if  the  limits  of  public  functions  are 
not  clearly  determined  by  law  and  if  the  responsibility  of  all 
the  functionaries  is  not  secured. 

25.  The  sovereignty  resides  in  the  people ; it  is  one  and 
indivisible,  imprescriptible,  and  inalienable. 

26.  No  portion  of  the  people  can  exercise  the  power  of 
the  entire  people;  but  each  section  of  the  sovereign,  in  as- 
sembly, ought  to  enjoy  the  right  to  express  its  will  with  entire 
freedom. 

27.  Let  any  person  who  may  usurp  the  sovereignty  be 
instantly  put  to  death  by  free  men. 

28.  A people  has  always  the  right  to  review,  to  reform,  and 
to  alter  its  constitution.  One  generation  cannot  subject  to  its 
law  the  future  generations. 

29.  Each  citizen  has  an  equal  right  to  participate  in  the 
formation  of  the  law  and  in  the  selection  of  his  mandatories  or 
his  agents. 

30.  Public  functions  are  necessarily  temporary ; they  can- 
not be  considered  as  distinctions  or  rewards,  but  as  duties. 

31.  The  offences  of  the  representatives  of  the  people  and 
of  its  agents  ought  never  to  go  unpunished.  No  one  has  the 
right  to  claim  for  himself  more  inviolability  than  other  cit- 
izens. 

32.  The  right  to  present  petitions  to  the  depositories  of 
the  public  authority  cannot  in  any  case  be  forbidden,  sus- 
pended, nor  limited. 

33.  Resistance  to  oppression  is  the  consequence  of  the  other 
rights  of  man. 


174 


CONSTITUTION  OF  THE  TEAR  I 


34.  There  is  oppression  against  the  social  body  when  a 
single  one  of  its  members  is  oppressed : there  is  oppression 
against  each  member  when  the  social  body  is  oppressed. 

35.  When  the  government  violates  the  rights  of  the  people, 
insurrection  is  for  the  people  and  for  each  portion  of  the 
people  the  most  sacred  of  rights  and  the  most  indispensable  of 
duties. 

CONSTITUIIONAL  ACT. 

Of  the  Republic. 

1.  The  French  Republic  is  one  and  indivisible. 

Of  the  Division  of  the  People. 

2.  The  French  people  is  divided,  for  the  exercise  of  its 
sovereignty,  into  cantonal  primary  assemblies. 

3.  It  is  divided  -for  administration  and  for  justice  into 
departments,  districts,  and  municipalities. 

Of  the  Conditions  of  Citizenship. 

4.  Every  man  born  and  living  in  France  fully  twenty-one 
years  of  age; 

Every  foreigner  fully  twenty-one  years  of  age,  who,  do- 
miciled in  France  for  a year, 

Lives  there  by  his  own  labor, 

Or  acquires  property, 

Or  marries  a French  woman, 

Or  adopts  a child, 

Or  supports  an  aged  man , 

Finally,  every  foreigner  who  shall  be  thought  by  the  Leg- 
islative Body  to  have  deserved  well  of  humanity, 

Is  admitted  to  the  exercise  of  the  rights  of  French  citizen- 
ship. 

5.  The  exercise  of  the  rights  of  citizenship  is  lost: 

By  naturalization  in  a foreign  country ; 

By  the  acceptance  of  employments  or  favors  proceeding 
from  a non-popular  government ; 

By  condemnation  to  ignominious  or  afflictive  penalties  until 
rehabilitation. 

6.  The  exercise  of  the  rights  of  citizenship  is  suspended : 
By  the  condition  of  accusation ; 

By  a judicial  order  for  contempt  of  court  until  the  order 
is  abrogated. 


CONSTITUTION  OF  THE  YEAR  I 


175 


Of  the  Sovereignty  of  the  People. 

7.  The  sovereign  people  is  the  totality  of  French  citizens. 

8.  It  selects  its  deputies  directly. 

9.  It  delegates  to  electors  the  choice  of  the  administrators,  1 
the  public  arbitrators,  criminal  judges,  and  judges  of  cassa-  ( 
tion. 

10.  It  deliberates  upon  the  laws. 

Of  the  Primary  Assemblies. 

11.  The  primary  assemblies  are  composed  of  the  citizens 
domiciled  for  six  months  in  each  canton. 

12.  They  are  composed  at  the  least  of  two  hundred  and  at 
the  most  of  six  hundred  citizens  summoned  to  vote. 

13.  They  are  constituted  by  the  selection  of  a president, 
secretaries  and  tellers. 

14.  Their  policing  belongs  to  themselves. 

15.  No  one  can  appear  in  them  with  arms. 

16.  The  elections  are  conducted  by  either  secret  or  open 
voting  at  the  choice  of  each  voter. 

17.  A primary  assembly  cannot  in  any  case  prescribe  a 
uniform  method  of  voting. 

18.  The  tellers  attest  the  vote  of  citizens  who,  not  know- 
ing how  to  write,  prefer  to  vote  by  ballot. 

19.  Votes  upon  the  laws  are  given  by  yes  or  no. 

20.  The  will  of  the  primary  assembly  is  proclaimed  as 

follows:  The  citizens  met  in  primary  assembly  ...  to 

the  number  of  . . voters,  vote  for  or  vote  against,  by 

a majority  of  . . 

Of  the  National  Representation. 

21.  Population  is  the  sole  basis  of  the  national  representa- 
tion. 

22.  There  is  one  deputy  for  every  forty  thousand  persons. 

23.  Each  union  of  primary  assemblies  resulting  in  a pop-j 
ulation  of  thirty-nine  to  forty-one  thousand  souls  selects  direct- 
ly one  deputy. 

24.  The  selection  is  made  by  the  majority  of  the  votes. 

25.  Each  assembly  counts  the  votes  and  sends  a commis- 
sioner for  the  general  recording  to  the  place  designated  as 
the  most  central. 

26.  If  the  first  return  does  not  give  a majority,  a second 


176 


CONSTITUTION  OF  THE  YEAR  I 


appeal  is  made  and  a vote  is  taken  upon  the  two  citizens 
who  have  received  the  greatest  number  of  votes. 

27.  In  case  of  an  equality  of  votes  the  most  aged  has  the 
preference,  either  as  the  one  to  be  voted  upon  or  as  the  one 
elected.  In  case  of  an  equality  of  age,  lot  decides. 

28.  Every  Frenchman  exercising  the  rights  of  citizenship 
is  eligible  throughout  the  extent  of  the  Republic. 

29.  Each  deputy  -belongs  to  the  entire  nation. 

30.  In  case  of  the  non-acceptance,  resignation,  forfeiture, 
or  death  of  a deputy,  his  replacement  is  provided  for  by  the 
primary  assemblies  which  selected  him. 

31.  A deputy  who  has  resigned  cannot  leave  his  post  until 
after  the  admittance  of  his  successor. 

32.  The  French  people  assembles  every  year  on  the  first 
of  May  for  the  elections. 

33.  They  proceed  to  them,  whatever  may  be  the  number 
of  citizens  there  having  the  right  to  vote. 

34.  The  primary  assemblies  meet  in  extraordinary  session 
upon  the  request  of  one-fifth  of  the  citizens  who  have  the 
right  to  vote  there. 

35.  The  convocation  is  issued  in  that  case  by  the  mu- 
nicipality of  the  usual  place  of  meeting. 

36.  These  extraordinary  assemblies  transact  business  only 
if  a half  plus  one  of  the  citizens  who  have  the  right  to  vote 
there  are  present. 

Of  the  Electoral  Assemblies. 

37.  The  citizens  meet  in  primary  assemblies  and  select  one 
elector  for  every  two-  hundred  citizens,  whether  present  or 
not;  two  for  three  hundred  and  one  to  four  hundred;  three 
for  five  hundred  and  one  to  six  hundred. 

38.  The  holding  of  electoral  assemblies  and  the  method  of 
election  are  the  same  as  in  the  primary  assemblies. 

Of  the  Legislative  Body. 

39.  The  Legislative  Body  is  one,  indivisible,  and  perma- 
nent. 

40.  The  session  is  for  one  year. 

41.  It  meets  the  first  of  July. 

42.  The  National  Assembly  cannot  constitute  itself  if  it 
is  net  composed  of  at  least  one-half  of  the  deputies  plus  one. 


CONSTITUTION  OF  THE  YEAR  I 


177 


43.  The  deputies  cannot  be  questioned,  accused,  or  tried 
at  any  time  for  the  opinions  that  they  have  expressed  within 
the  Legislative  Body. 

44.  They  can  be  arrested  for  criminal  acts,  if  taken  in 
the  act ; but  the  warrant  of  arrest  and  the  warrant  of  appre- 
hension can  be  issued  against  them  only  with  the  authorisation 
of  the  Legislative  Body. 

Holding  of  the  Sittings  of  the  Legislative  Body. 

45.  The  sittings  of  the  National  Assembly  are  public. 

46.  The  minutes  of  its  sittings  are  printed. 

47.  It  cannot  deliberate  unless  it  is  composed  of  at  least 
two  hundred  members. 

48.  It  cannot  refuse  the  word  to  its  members  in  the  order 
that  they  have  claimed  it. 

49.  It  decides  by  the  majority  of  those  present. 

50.  Fifty  members  have  the  right  to  require  a vote  by 
roll  call. 

51.  It  has  the  right  of  discipline  upon  the  conduct  of  its 
members  within  its  own  midst. 

52.  The  policing  of  the  place  of  its  sittings  and  of  the 
environs  of  which  it  has  fixed  the  extent  belongs  to  it. 

Of  the  Functions  of  the  Legislative  Body. 

53.  The  Legislative  Body  proposes  laws  and  issues  de- 
crees. 

54.  Included  under  the  general  name  of  law  are  the  acts 
of  the  Legislative  Body  in  regard  to : 

Civil  and  criminal  legislation ; 

The  general  administration  of  the  revenues  and  ordinary 
expenses  of  the  Republic ; 

The  national  domains ; 

The  title,  weight,  impress,  and  denomination  of  the  monies ; 

The  nature,  amount,  and  collection  of  the  taxes ; 

The  declaration  of  war; 

Every  new  general  division  of  the  French  territory; 

Public  instruction ; 

Public  honors  to  the  memory  of  great  men. 

55.  Included  under  the  special  name  of  decree  are  the  acts 
of  the  Legislative  Body  in  regard  to : 

The  annual  establishment  of  the  land  and  sea  forces ; 


i/8 


CONSTITUTION  OF  THE  YEAR  I 


Permission  or  prohibition  of  the  passage  of  foreign  troops 
over  French  soil; 

The  introduction  of  foreign  naval  forces  into  the  ports  of 
the  Republic ; ' 

Measures  of  general  security  and  tranquility ; 

The  annual  and  momentary  distribution  of  public  relief 
and  work; 

Orders  for  the  coining  of  money  of  every  sort ; 

Unforeseen  and  extraordinary  expenses ; 

The  local  and  special  measures  for  an  administration,  a 
commune,  or  a class  of  public  works ; 

The  defence  of  the  soil ; 

Ratification  of  treaties ; 

The  appointment  and  dismissal  of  commanders-in-chief  of 
the  armies; 

Proceedings  to  enforce  the  responsibility  of  members  of 
the  Council  and  of  public  officials ; 

Accusation  of  those  accused  of  plots  against  the  general 
security  of  the  Republic  ; 

Every  alteration  in  the  division  of  French  territory  into 
parts ; 

National  rewards. 

Of  the  Formation  of  the  Law. 

56.  Projects  of  law  are  preceded  by  a report. 

57.  The  discussion  cannot  begin  and  the  law  cannot  be  pro- 
visionally decreed  until  fifteen  days  after  the  report. 

58.  The  project  is  printed  and  sent  to  all  the  communes 
of  the  Republic  under  this  title : Proposed  lazv. 

59.  Forty  days  after  the  sending  of  the  proposed  law,  if  in 
one-half  of  the  departments  plus  one,  a tenth  of  the  regularly 
constituted  primary  assemblies  of  each  of  them  do  not  object, 
the  project  is  accepted  and  becomes  law. 

60.  If  there  is  objection,  the  Legislative  Body  convokes  the 
primary  assemblies. 

Of  the  Title  of  the  Laws  and  Decrees. 

61.  The  laws,  the  decrees,  the  judicial  orders,  and  all  pub- 
lic acts  are  superscribed : In  the  name  of  the  French  people, 
the  year  ...  of  the  French  Republic. 


CONSTITUTION  OF  THE  YEAR  I 


179 


Of  the  Executive  Council. 

62.  There  is  an  executive  council  composed  of  twenty-four 
members. 

63.  The  electoral  assembly  of  each  department  selects  a 
candidate.  The  Legislative  Body  chooses  the  members  of  the 
council  from  the  general  list. 

64.  It  is  renewed  by  a half  at  each  legislature  in  the  last 
month  of  its  session. 

65.  The  council  is  charged  with  the  direction  and  super- 
vision of  the  general  administration ; it  can  act  only  in  the  exe- 
cution of  the  laws  and  decrees  of  the  Legislative  Body. 

66.  It  appoints,  from  outside  of  its  own  body,  the  principal 
agents  of  the  general  administration  of  the  Republic. 

67.  The  Legislative  Body  determines  the  number  and  the 
duties  of  these  agents. 

68.  These  agents  do  not  form  a council ; they  are  separated 
and  are  without  direct  relations  with  each  other;  they  do  not 
exercise  any  personal  authority. 

69.  The  council  appoints,  from  outside  its  own  body,  the 
foreign  agents  of  the  Republic. 

70.  It  negotiates  the  treaties. 

71.  The  members  of  the  council,  in  cases  of  betrayal  of 
trust,  are  accused  by  the  Legislative  Body. 

72.  The  council  is  responsible  for  the  non-execution  of  the 
laws  and  decrees  and  for  abuses  of  which  it  does  not  give 
notice. 

73.  It  recalls  and  replaces  the  agents  within  its  appoint- 
ment. 

74.  It  is  required  to  denounce  them,  if  there  is  occasion,  to 
the  judicial  authorities. 

Of  the  Relations  of  the  Executive  Council  with  the 
Legislative  Body. 

75.  The  Executive  Council  resides  near  the  Legislative 
Body;  it  has  admittance  and  a separate  position  in  the  place 
of  its  meetings. 

76.  It  is  heard  whenever  it  has  a statement  to  make. 

77-  The  Legislative  Body  summons  it  into  its  presence,  in 
whole  or  in  part,  whenever  it  thinks  expedient. 


i8o 


CONSTITUTION  OF  THE  YEAR  I 


' Of  the  Administrative  and  Municipal  Bodies. 

78.  There  is  in  each  commune  of  the  Republic  a municipal 
administration ; 

In  each  district,  an  intermediate  administration; 

In  each  department,  a central  administration. 

79.  The  municipal  officers  are  elected  by  the  communal  as- 
semblies. 

80.  The  administrators  are  appointed  by  the  department 
and  district  electoral  assemblies. 

81.  The  municipalities  and  the  administrations  are  renewed 
each  year  by  half. 

82.  The  administrators  and  municipal  officers  have  no  rep- 
resentative character. 

They  cannot  in  any  case  alter  the  acts  of  the  Legislative 
Body  nor  suspend  the  execution  of  them. 

83.  The  Legislative  Body  fixes  the  duties  of  the  municipal 
officers  and  the  administrators,  the  rules  of  their  subordination, 
and  the  penalties  that  they  may  incur. 

84.  The  sittings  of  the  municipalities  and  the  administra- 
tions are  public. 

Of  Civil  Justice. 

85.  The  Code  of  civil  and  penal  laws  is  uniform  for  the 
whole  Republic. 

86.  No  attack  can  be  made  upon  the  right  that  the  citizens 
have  to  cause  their  differences  to  be  passed  upon  by  arbitrators 
of  their  own  choice. 

87.  The  decision  of  these  arbitrators  is  final  if  citizens  do 
not  reserve  the  right  to  object. 

88.  There  are  justices  of  the  peace  elected  by  the  citizens  of 
the  districts  fixed  by  the  law. 

89.  They  conciliate  and  pass  judgment  without  expense. 

90.  Their  number  and  competency  are  regulated  by  the 
Legislative  Body. 

91.  There  are  public  arbitrators  elected  by  the  electoral  as- 
semblies. 

92.  Their  number  and  their  districts  are  fixed  by  the  Legis- 
lative Body. 

93.  They  have  jurisdiction  over  cases  which  have  not  been 
finally  terminated  by  the  private  arbitrators  or  by  justices  of 
the  peace. 


CONSTITUTION  OF  THE  YEAR  I 


iS  t 


94.  They  deliberate  in  public. 

They  deliver  their  opinions  orally. 

They  decide  in  the  last  resort,  upon  oral  pleas  or  simple  me- 
morial, without  proceedings  and  without  expense. 

They  state  the  grounds  for  their  decisions. 

95.  The  justices  of  the  peace  and  the  public  arbitrators  are 
elected  every  year. 

Of  Criminal  Justice. 

96.  No  citizen  can  be  tried  upon  a criminal  charge  except 
upon  an  accusation  received  by  the  jurors  or  decreed  by  the 
Legislative  Body. 

The  accused  have  counsel  chosen  by  themselves  or  officially 
appointed. 

The  examination  is  public. 

The  facts  and  the  intent  are  declared  by  a trial  jury. 

The  penalty  is  awarded  by  a criminal  jury. 

97.  The  criminal  judges  are  elected  every  year  by  the  elec- 
toral assemblies. 

Of  the  Tribunal  of  Cassation. 

98.  There  is  a Tribunal  of  Cassation  for  the  whole  Re- 
public. 

99.  This  Tribunal  does  not  have  jurisdiction  over  the 
matter  of  cases. 

It  passes  upon  the  violation  of  forms  and  upon  clear  infrac- 
tions of  the  law. 

100.  The  members  of  this  court  are  appointed  every  year  by 
the  electoral  assemblies. 

Of  the  Public  Taxes. 

101.  No  citizen  is  exempt  from  the  honorable  obligation  to 
contribute  to  the  public  expenses. 

Of  the  National  Treasury. 

102.  The  National  Treasury  is  the  central  point  of  the  re- 
ceipts and  expenditures  of  the  Republic. 

103.  It  is  administered  by  responsible  agents  appointed  by 
the  Executive  Council. 

104.  These  agents  are  watched  over  by  commissioners  ap- 
pointed by  the  Legislative  Body,  taken  from  outside  of  itself, 
and  responsible  for  the  abuses  of  which  they  do  not  give 
notice. 


CONSTITUTION  OF  THE  YEAR  I 


182 


Of  the  Book-Keeping. 

105.  The  accounts  of  the  agents  of  the  National  Treasury 
and  of  the  administrators  of  the  public  monies  are  rendered  an- 
nually to  responsible  commissioners  appointed  by  the  Execu- 
tive Council. 

106.  These  auditors  are  watched  over  by  commissioners 
appointed  by  the  Legislative  Body,  taken  from  outside  of  it- 
self, and  responsible  for  the  abuses  and  errors  of  which  they 
do  not  give  notice. 

The  Legislative  Body  approves  the  accounts. 

Of  the  Forces  of  the  Republic. 

107.  The  general  force  of  the  Republic  is  composed  of  the 
entire  people. 

108.  The  Republic  supports,  even  in  time  of  peace,  a paid 
army  and  navy. 

109.  All  Frenchmen  are  soldiers ; they  are  all  trained  in  the 
handling  of  arms. 

no.  There  is  no  commander-in-chief. 

Til.  Distinctions  of  rank,  their  distinguishing  marks  and 
subordination  exist  only  in  relation  to  the  service  and  during 
its  continuance. 

1 12.  The  public  force  employed  for  the  maintenance  of  order 
and  peace  within  the  country  acts  only  upon  the  written  requi- 
sition of  the  constituted  authorities. 

X13.  The  public  force  employed  against  enemies  from 
abroad  acts  under  the  orders  of  the  Executive  Council. 

1 14.  No  armed  body  can  deliberate. 

Of  the  National  Conventions. 

1 15.  If,  in  one-half  of  the  departments  plus  one,  one-tenth 
of  the  regularly  constituted  primary  assemblies  of  each  of  them 
request  the  revision  of  the  constitutional  act  or  the  alteration  of 
some  of  its  articles,  the  Legislative  Body  is  required  to  con- 
voke all  the  primary  assemblies  of  the  Republic,  in  order  to 
ascertain  if  there  is  occasion  for  a National  Convention. 

1 16.  The  National  Convention  is  formed  in  the  same  man- 
ner as  the  legislatures  and  annexes  the  powers  thereof. 

1 17.  It  occupies  itself,  in  relation  to  the  constitution,  only 
with  the  objects  that  have  led  to  its  convocation. 


DECREE  FOR  LEVY  EN  MASSE 


183 


Of  the  Relations  of  the  French  Republic  with 
Foreign  Nations. 

1 18.  The  French  people  is  the  friend  and  natural  ally  of 
the  free  peoples. 

1 19.  It  does  not  interfere  in  the  government  of  other  na- 
tions ; it  does  not  permit  other  nations  to  interfere  in  its  own. 

120.  It  gives  asylum  to  foreigners  banished  from  their 
fatherland  for  the  cause  of  liberty. 

It  refuses  it  to  tyrants. 

121.  It  does  not  make  peace  with  an  enemy  that  occupies 
its  territory. 

Of  the  <juaranty  of  Rights. 

122.  The  Constitution  guarantees  to  all  Frenchmen  equality, 
liberty,  security,  property,  the  public  debt,  the  free  exercise  of 
worship,  a public  education,  public  relief,  unlimited  freedom  of 
the  press,  the  right  of  petition,  the  right  to  meet  in  popular  so- 
cieties, and  the  enjoyment  of  all  the  rights  of  man. 

123.  The  French  Republic  honors  loyalty,  courage,  old  age, 
filial  devotion,  and  misfortune.  It  places  the  trust  of  the  con- 
stitution under  the  guardianship  of  all  the  virtues. 

124.  The  declaration  of  rights  and  the  constitutional  act 
are  graven  upon  tablets  in  the  midst  of  the  Legislative  Body  and 
in  public  places. 


40.  Decree  for  the  Levy  en  Masse. 

August  23,  1793.  Duvergier,  Lois,  VI.  107-10S. 

This  document  exhibits  something  of  the  spirit  with  which 
France  met  the  invasion  of  its  territory,  and  may  serve  to  in- 
dicate how  it  was  possible  for  her  to  accomplish  so  much  against 
such  overwhelming  odds.  It  was,  of  course,  never  intended  that 
the  decree  should  be  everywhere  put  in  force.  It  was  enforced  in 
the  invaded  departments  and  those  adjacent.  The  precise  effects 
of  the  measure  is  a matter  of  dispute. 

References.  Gardiner,  French  Revolution,  170-171  : Von  Sy- 
bel,  French  Revolution,  III,  165.-169  ; Lavisse  and  Rambaud,  His- 
toire  Generate,  VIII,  267-269. 


I.  From  this  moment  until  that  in  which  the  enemy  shall 
have  been  driven  from  the  soil  of  the  Republic,  all  Frenchmen 
are  in  permanent  requisition  for  the  service  of  the  armies. 


184 


DECREE  FOR  LEVY  EN  MASSE 


The  young  men  shall  go  to  battle;  the  married  men  shall 
forge  arms  and  transport  provisions;  the  women  shall  make 
tents  and  clothing  and  shall  serve  in  the  hospitals ; the  children 
shall  turn  old  linen  into  lint ; the  aged  shall  betake  themselves 
to  the  public  places  in  order  to  arouse  the  courage  of  the 
warriors  and  preach  the  hatred  of  kings  and  the  unity  of  the 
Republic. 

2.  The  national  buildings  shall  be  converted  into  barracks, 
the  public  places  into  Workshops  for  arms,  the  soil  of  the  cel- 
lars shall  be  washed  in  order  to  extract  therefrom  the  saltpetre. 

3.  The  arms  of  the  regulation  calibre  shall  be  reserved  ex- 
clusively for  those  who  shall  march*  against  the  enemy;  the 
service  of  the  interior  shall  be  performed  with  hunting  pieces 
and  side  arms. 

4.  The  saddle  horses  are  put  in  requisition  to  complete  the 
cavalry  corps ; the  draught-horses,  other  than  those  employed 
in  agriculture,  shall  convey  the  artillery  and  the  provisions. 

5.  The  Committee  of  Public  Safety  is  charged  to  take  all 
the  necessary  measures  to  set  up  without  delay  an  extraordi- 
nary manufacture  of  arms  of  every  sort  which  corresponds 
with  the  ardor  and  energy  of  the  French  people.  It  is,  ac- 
cordingly, authorised  to  form  all  the  establishments,  factories, 
workshops  and  mills  which  shall  be  deemed  necessary  for  the 
carrying  on  of  these  works,  as  well  as  to  put  in  requisition, 
within  the  entire  extent  of  the  Republic,  the  artists  and  work- 
ingmen who  can  contribute  to  their  success.  For  this  purpose 
there  shall  be  put  at  the  disposal  of  the  Minister  of  War  a 
sum  of  thirty  millions,  to  be  taken  out  of  the  four  hundred 
ninety-eight  million  two  hundred  thousand  livres  in  assignats 
which  are  in  reserve  in  the  fund  of  the  three  keys.  The  cem- 
tral  establishment  of  this  extraordinary  manufacture  shall  be 
fixed  at  Paris. 

6.  The  representatives  of  the  people  sent  out  for  the  execu- 
tion of  the  present  law  shall  have  the  same  authority  in  their 
respective  districts,  acting  in  concert  with  the  Committee  of 
Public  Safety ; they  are  invested  with  the  unlimited  powers 
assigned  to  the  representatives  of  the  people  to  the  armies. 

7.  Nobody  can  get  himself  replaced  in  the  service  for 
which  he  shall  have  been  requisitioned.  The  public  functionar- 
ies shall  remain  at  their  posts. 


THE  LAW  OP  SUSPECTS 


185 

8.  The  levy  shall  be  general.  The  unmarried  citizens  and 
widowers  without  children,  from  eighteen  to  twenty-five  years, 
shall  march  first;  they  shall  assemble  without  delay  at  the 
head-town  of  their  districts,  where  they  shall  practice  every 
day  at  the  manual  of  arms  while  awaiting  the  hour  of  de- 
parture. 


41.  The  Law  of  Suspects. 


September  17,  1793.  Duvergier,  Lois,  VI,  172-173. 

This  famous  law  was  one  of  the  numerous  exceptional  meas- 
ures taken  in  August  and  September,  1793,  which  mark  the  be- 
ginning of  the  Reign  of  Terror.  To  understand  why  it  was  en- 
acted the  precise  status  of  both  the  foreign  and  civil  wars  then 
in  progress  should  be  noted.  The  terms  in  which  the  classes  of 
suspects  are  defined  call  for  special  attention.  The  “committees 
of  surveillance”  to  which  the  arrest  of  suspects  is  entrusted  were 
those  commonly  called  the  revolutionary  committees.  (See  No. 
33.) 


References.  Stephens,  French  Revolution,  II,  324-325 ; Au- 
lard,  Revolution  Francaise,  351  ; Lavisse  and  Rambaud,  Histoire 
Generate,  VIII,  191. 

1.  Immediately  after  the  publication  of  the  present  de- 
cree all  the  suspect-persons  who  are  in  the  territory  of  the 
Republic  and  who  are  still  at  liberty  shall  be  placed  under 
arrest. 

2.  These  are  accounted  suspect-persons:  1st,  those  who  by 
their  conduct,  their  connections,  their  remarks  or  their  writ- 
ings show  themselves  the  partisans  of  tyranny  or  federalism 
and  the  enemies  of  liberty;  2d,  those  who  cannot,  in  the  manner 
prescribed  by  the  decree  of  March  21st  last,  justify  their 
means  of  existence  and  the  performance  of  their  civic  duties ; 
3d,  those  who  have  been  refused  certificates  of  civism ; 4th, 
public  functionaries  suspended  or  removed  from  their  functions 
by  the  National  Convention  or  its  commissioners  and  not  re- 
instated, especially  those  who  have  been  or  shall  be  removed 
in  virtue  of  the  decree  of  August  14th  last;  5th,  those  of  the 
former  nobles,  all  of  the  husbands,  wives,  fathers,  mothers, 
sons  or  daughters,  brothers  or  sisters,  and  agents  of  the 


1 86 


THE  LAW  OF  SUSPECTS 


Emigres  who  have  not  constantly  manifested  their  attach- 
ment to  the  revolution ; 6th,  those  who  have  emigrated  from 
France  in  the  interval  from  July  i,  1789,  to  the  publication 
of  the  decree  of  March  30 — April  8,  1792,  although  they  may 
have  returned  to  France  within  the  period  fixed  by  that  decree 
or  earlier. 

3.  The  committees  of  surveillance  established  according  to 
the  decree  of  March  21st  last,  or  those  which  have  been  sub- 
stituted for  them,  either  by  the  orders  of  the  representatives 
of  the  people  sent  with  the  armieis  and  into  the  departments, 
or  in  virtue  of  special  decrees  of  the  National  Convention,  are 
charged  to  prepare,  each  in  its  district,  the  list  of  suspect-per- 
sons, to  issue  warrants  of  arrest  againist  them,  and  to  cause 
seals  to  be  put  upon  their  papers.  The  commanders  of  the  pub- 
lic force  to  whom  these  warrants  shall  be  delivered  shall  be 
required  to  put  them  into  execution  immediately,  under  pen- 
alty of  removal. 

4.  The  members  of  the  committee  without  being  seven  in 
number  and  an  absolute  majority  of  votes  cannot  order  the 
arrest  of  any  person. 

5.  The  persons  arrested  as  suspects  shall  be  first  conveyed 
to  the  jail  of  the  place  of  their  imprisonment ; in  default  of 
jails,  they  shall  be  kept  from  view  in  their  respective  dwellings. 

6.  Within  the  eight  days  following  they  shall  be  trans- 
ferred to  the  national  building,  which  the  administrations  of 
the  department,  immediately  after  the  receipt  of  the  present 
decree,  shall  be  required  to  designate  and  to  cause  to  be  pre- 
pared for  that  purpose. 

7.  The  prisoners  can  cause  to  be  transferred  to  these 
buildings  the  movables  which  are  of  absolute  necessity  to 
them ; they  shall  remain  there  under  guard  until  the  peace. 

8.  The  expenses  of  custody  shall  be  at  the  charge  of  the 
prisoners  and  shall  be  divided  among  them  equally:  this  cus- 
tody shall  be  confided  preferably  to  the  fathers  of  families  and 
the  parents  of  the  citizens  who  are  or  shall  go  to  the  frontiers. 
The  salary  for  it  is  fixed  for  each  man  of  the  guard  at  the 
value  of  a day  and  a half  of  labor. 

9.  The  committees  of  surveillance  shall  send  without  delay 
to  the  committee  of  general  security  of  the  National  Conven- 
tion the  list  of  the  persons  whom  they  shall  have  caused  to  be 


LAW  OF  THE  MAXIMUM 


187 

arrested,  with  the  reasons  for  their  arrest  and  the  papers  which 
shall  have  been  seized  with  them  as  suspect-persons. 

10.  The  civil  and  criminal  tribunals  can,  if  there  is  need, 
cause  to  be  arrested  and  sent  into  the  above  mentioned  jails 
persons  accused  of  offences  in  respect  of  whom  it  may  have 
been  declared  that  there  was  no  ground  for  accusation,  or  who 
may  have  been  acquitted  of  the  accusations  brought  against 
them. 


42.  Law  of  the  Maximum. 

September  29,  1793.  Duvergier,  Lois,  VI,  193-195. 

Among  the  exceptional  measures  of  August  and  September, 
1793,  the  most  important  from  the  economic  standpoint  were  those 
fixing  maximum  prices  of  wages  and  of  many  articles  of  necessity. 
The  law  here  given  is  the  most  comprehensive  in  a series  of  such 
measures.  The  idea  of  fixing  prices  in  this  manner  was  not  new,  but 
was  simply  an  extension  of  the  practices  of  the  government  of  the 
Old  Regime  and  of  measures  taken  in  the  spring  of  1793.  In 
connection  with  this  law  the  operation  of  the  Parisian  revolution- 
ary army  and  the  system  of  requisitions  should  be  noted.  The 
law  was  not  repealed  until  December  24,  1794. 

References.  Mathews,  French  Revolution,  245-246  ; Stephens, 
French  Revolution , II,  353-354 ; Lavisse  and  Rambaud,  Histoirc 
Generate,  VIII,  190-191,  626-627. 


The  articles  which  the  Convention  has  decided  to  be  of 
prime  necessity  and  for  which  it  has  believed  that  it  ought  to 
fix  the  maximum  or  highest  price  are : fresh  meat,  salt  meat 
and  bacon,  butter,  sweet-oil,  cattle,  salt  fish,  wine,  brandy,  vin- 
egar, cider,  beer,  fire-wood,  charcoal,  mineral  coal,  candles, 
combustible  oil,  salt,  .soda,  sugar,  honey,  white  paper,  skins, 
iron,  brass,  lead,  steel,  copper,  hemp,  linen,  wool,  woolens, 
fabrics,  the  raw  materials  which  serve  for  fabrics,  sabots, 
shoes,  cabbages  and  turnips,  soap,  potash,  and  tobacco. 

2.  For  the  articles  included  in  the  above  list,  the  maximum 
of  price  for  fire-wood  of  the  first  quality,  that  of  charcoal  and 
of  mineral  coal,  are  the  same  as  in  1790,  plus  a twentieth  of 
the  price.  The  decree  of  August  19th  upon  the  determination 
by  the  departments  of  the  prices  of  fire-wood,  coal  and  peat  is 
repealed. 


LAW  OF  THE  MAXIMUM 


1 88 


The  maximum  or  highest  price  of  tobacco  in  rolls  is  twenty 
sous  per  livre  of  one  mark  in  weight ; that  of  smoking  tobac- 
co is  ten  sous;  that  of  salt  per  livre  is  two  sous;  that  of  soap 
is  twenty- five  sous. 

3.  The  maximum  of  the  price  of  all  the  other  commodities 
and  articles  of  merchandise  included  in  article  1 for  the  whole 
extent  of  the  Republic,  until  the  month  of  September  next, 
shall  be  the  price  which  each  of  them  had  in  1790,  such  as  is 
established  by  the  official  price-lists  or  the  market  price  of  each 
department,  and  a third  over  and  above  this  same  price,  de- 
duction being  made  of  fiscal  and  other  duties  to  which  they 
were  then  subject,  under  whatever  denomination  they  may 
have  existed. 


7.  All  persons  who  may  sell  or  purchase  the  articles  of 
merchandise  included  in  article  1 above  the  maximum  of  the 
price  settled  and  posted  in  each  department  shall  pay  by  way 
of  the  municipal  police  a fine,  for  which  they  shall  be  jointly 
and  severally  liable,  of  double  the  value  of  the  article  sold  and 
payable  to  the  informer : they  shall  be  enrolled  upon  the  list 
of  suspected  persons  and  treated  as  such.  The  purchaser  shall 
not  be  subject  to  the  penalties  provided  above,  if  he  denounces 
the  offence  of  the  seller;  and  each  merchant  shall  be  required 
to  have  a list  displayed  in  his  shop,  bearing  the  maximum  or 
highest  price  of  his  merchandise. 

8.  The  maximum  or  highest  price  belonging  to  salaries, 
wages,  and  manual  labor  in  each  place,  shall  be  fixed,  to 
commence  from  the  publication  of  this  law  until  the  month 
of  September  next,  by  the  general  councils  of  the  communes 
at  the  same  amount  as  in  1790,  to  which  there  shall  be  added 
half  of  that  price  in  addition. 

9.  The  municipalities  shall  put  into  requisition  and  punish, 
according  to  circumstances,  with  three  days’  imprisonment  the 
workingmen,  factory  operatives  and  various  laboring  persons 
who  may  refuse  without  legitimate  reasons  to  engage  in  their 
accustomed  labors. 


17.  During  the  war  all  exportation  of  articles  of  merchan- 


REVOLUTIONARY  GOVERNMENT  DECREE 


189 


dise  or  commodities  of  prime  necessity,  under  any  name  or 
commission  whatsoever,  is  prohibited  upon  all  the  frontiers, 
salt  excepted. 


43.  Decree  upon  the  Revolutionary  Government. 

October  10,  1793  (19  Vendemiaire,  Year  II).  Duvergier,  Lois, 
VI,  219-220. 

This  decree  was  adopted  by  the  Convention  at  the  time  when  it 
decided,  on  account  of  the  critical  condition  of  the  country,  not  to 
put  the  Constitution  of  the  Year  I into  operation  immediately. 
As  a sort  of  provisional  constitution  it  served  as  the  basis  of  gov- 
ernment until  replaced  by  the  great  decree  of  14  Frimaire  (Decem- 
ber 4,  1793).  See  No.  45.  The  meaning  of  the  term  revolution- 
ary government  can  be  deduced  from  the  character  of  the  arrange- 
ments here  provided  and  should  be  carefully  noted. 

References.  Stephens.  French  Revolution,  II,  2S0-2S1  ; La- 
visse  and  Rambaud,  Histoire  Generate,  VIII,  19G-197 ; Aulard, 
Revolution  Francaise,  314-315,  366-368. 

Of  the  Government. 

1.  The  provisional  Government  of  France  is  revolutionary 
until  the  peace. 

2.  The  provisional  executive  council,  the  ministers,  the 
generals,  and  the  constituted  bodies  are  placed  under  the  sur- 
veillance of  the  committee  of  public  safety,  which  shall  render 
account  of  them  to  the  Convention  every  eight  days. 

3.  Every  measure  of  security  must  be  taken  by  the  pro- 
visional executive  council,  under  the  authorisation  of  the  com- 
mittee, which  shall  render  an  account  thereof  to  the  Conven- 
tion. 

4.  The  revolutionary  laws  must  be  executed  rapidly.  The 
Government  shall  correspond  immediately  with  the  districts  up- 
on the  measures  of  public  safety. 

5.  The  generals-in-chief  shall  be  appointed  by  the  National 
Convention,  upon  the  presentation  of  the  committee  of  public 
safety. 

6.  The  inertia  of  the  Government  being  the  cause  of  the 
reverses,  the  limits  for  the  execution  of  the  decrees  and  meas- 
ures of  public  safety  are  fixed.  Violation  of  these  limits  shall 
be  punished  as  an  attack  upon  liberty. 


REVOLUTIONARY  GOVERNMENT  DECREE 


190 


Subsistences. 

7.  The  table  of  the  production  of  gram  for  each  district, 
made  by  the  committee  of  public  safety,  shall  be  printed  and 
distributed  to  all  the  members  of  the  Convention,  in  order  to 
be  put  into  operation  without  delay. 

8.  The  needs  of  each  department  shall  be  estimated  by  ap- 
proximation and  secured.  The  surplus  shall  be  subject  to  the 
requisitions. 

9.  The  table  of  the  productions  of  the  Republic  shall  be 
addressed  to  the  representatives  of  the  people,  the  ministers  of 
the  navy  and  the  interior,  and  the  administrators  of  subsis- 
tences. They  must  make  requisitions  in  the  districts  which 
shall  have  been  assigned  to  them.  Paris  shall  be  a special  dis- 
trict. 

10.  The  requisitions  in  behalf  of  the  unfruitful  depart- 
ments shall  be  authorised  and  regulated  by  the  provisional  ex- 
ecutive council. 

11.  Paris  shall  be  supplied  with  provisions  on  March  1st 
for  one  year. 

General  Security. 

12.  The  direction  and  employment  of  the  revolutionary 
army  shall  be  constantly  regulated  in  a way  to  put  down  the 
counter-revolutionaries. 

The  committee  of  public  safety  shall  present  a plan  for  this 
purpose. 

13.  The  council  shall  send  garrisons  into  the  cities  where 
counter-revolutionary  movements  shall  arise.  The  garrisons 
shall  be  paid  and  supported  by  the  rich  of  these  cities  until  the 
peace. 

Finances. 

14.  There  shall  be  created  a tribunal  and  a jury  of  ac- 
counts. This  tribunal  and  this  jury  shall  be  appointed  by  the 
National  Convention;  they  shall  be  charged  to  proceed  against 
all  those  who  have  managed  the  public  funds  since  the  revolu- 
tion and  to  demand  of  them  an  account  of  their  fortunes. 

The  organization  of  this  tribunal  is  recommitted  to  the 
committee  of  legislation. 


REPUBLICAN  CALENDAR  DECREE 


191 


44.  Decree  for  the  Republican  Calendar. 

November  24,  1793  (4  Frimaire,  Year  II).  Duvergier,  Lois , 
VI,  294-302. 

This  is  the  first  of  two  decrees  by  which  the  republican,  calen- 
dar displaced  the  Gregorian  calendar.  The  later  decree  provided 
additional  details,  but  did  not  essentially  modify  the  scheme  here 
presented.  Until  about  1803  the  new  calendar  was  used  to  the 
entire  exclusion  of  the  old  : then  for  a time  the  two  were  used 
together.  The  republican  calendar  was  not  altogether  abandoned 
until  January  1,  1806.  Both  the  general  scheme  of  the  calendar 
and  the  reasons  given  for  its  adoption  should  be  noticed. 

References.  Stephens.  Yale  Review,  IV,  326-330 : Lavisse 
and  Rambaud,  Histoire  Generate,  VIII,  193-194  ; Stephens,  French 
Revolution,  II,  561,  has  a concordance  of  the  two  calendars  to  the 
end  of  the  Year  VIII. 


1.  The  era  of  the  French  counts  from  the  foundation  of  the 
Republic,  which  occurred  September  22,  1752,  of  the  common 
era,  the  day  when  the  sun  arrived  at  the  true  equinox  of  au- 
tumn, in  entering  into  the  sign  of  Libra,  at  nine  o’clock,  eigh- 
teen minutes,  thirty  seconds,  A.  M.,  for  the  Observatory  of 
Paris. 

2.  The  common  era  is  abolished  for  civil  uses. 

3.  Each  year  commences  at  midnight  with  the  day  on 
which  the  true  equinox  of  autumn  falls  for  the  Observatory  of 
Paris. 

4.  The  first  year  of  the  Republic  commenced  at  midnight 
September  22,  1792,  and  ended  at  midnight,  separating  the  21st 
from  the  22d  of  September,  1793. 

5.  The  second  year  commenced  September  22,  1793,  at 
midnight,  the  true  equinox  of  autumn  being  reached  that  day 
for  the  Observatory  of  Paris  at  three  o’clock,  eleven  minutes, 
thirty-eight  seconds,  P.M. 

6.  The  decree  which  fixed  the  commencement  of  the  second 
year  of  the  Republic  at  January  1,  1793,  is  repealed;  all  docu- 
ments dated  the  second  year  of  the  Republic,  passed  within 
the  current  1st  of  January  to  September  2i.st  inclusive,  are  re- 
garded as  belonging  to  the  first  year  of  the  Republic. 

7.  The  year  is  divided  into  twelve  equal  months  of  thirty 
days  each : after  the  twelve  months  follow  five  days  in  order  to 
complete  the  ordinary  year ; these  five  days  do  not  belong  to 
any  month. 


REPUBLICAN  CALENDAR  DECREE 


192 


8.  Each  month  is  divided  into  three  equal  parts  of  ten  days 
each,  which  are  called  decades. 

9.  The  names  of  the  days  of  the  decade  are:  primidi,  duodi, 
tridi,  quartidi,  quintitii,  sextidi,  septidi,  octidi,  nonidi,  decadi. 

The  names  of  the  months  are,  for  the  autumn,  Vendemi- 
aire,  Brmnaire,  Frimaire;  for  the  winter,  Nivose,  Pluviose, 
Ventose;  for  the  spring,  Germinal,  Floreal,  Prairiat;  for  the 
summer,  Messidor,  Thermidor,  Fructidor. 

The  last  five  days  are  called  the  Sans-Culottides. 

10.  The  ordinary  year  receives  one  day  more,  according  as 
the  position  of  the  equinox  requires  it,  in  order  to  maintain 
the  coincidence  of  the  civil  year  with  the  celestial  movements. 
This  day,  called  Day  of  the  Revolution,  is  placed  at  the  end  of 
the  year,  and  forms  the  sixth  of  the  Sans-Culottides. 

The  period  of  four  years,  at  the  end  of  which  this  addition 
of  a day  is  ordinarily  necessary,  is  called  the  Franciade,  in 
memory  of  the  revolution,  which,  after  four  years  of  effort, 
has  brought  France  to  a republican  government. 

The  fourth  year  of  the  Franciade  is  called  Sextile. 

11.  The  day  from  midnight  to  midnight  is  divided  into  ten 
parts  or  hours,  each  part  into  ten  others,  and  so  on  to  the 
smallest  commensurable  portion  of  its  duration.  The  hund- 
redth part  of  the  hour  is  called  decimal  minute ; the  hundredth 
part  of  the  minute  is  called  second  decimal.  This  article  shall 
be  in  force  for  public  documents  only  to  count  from  1 Vende- 
miaire,  Year  III  of  the  Republic. 

12.  The  committee  of  public  instruction  is  charged  to 
cause  the  new  calendar  to  be  printed  in  different  forms,  with 
simple  instructions  in  order  to  explain  the  principles  and  us- 
age of  it. 

13.  The  calendar,  as  well  as  the  instruction,  shall  be  sent 
to  the  administrative  bodies,  the  municipalities,  the  tribunals, 
the  justices  of  the  peace  and  all  public  officers,  the  armies,  the 
popular  societies  and  all  colleges  and  schools.  The  provis- 
ional executive  council  shall  cause  it  to  be  Transmitted  to  the 
ministers,  consuls,  and  other  agents  of  France  in  foreign  coun- 
tries. 

14.  All  public  acts  shall  be  dated  according  to  Ihe  new  or- 
ganization of  the  year. 

15.  The  professors,  schoolmasters  and  schoolmistresses, 


REPUBLICAN  CALENDAR  DECREE 


193 


fathers  and  mothers  of  families,  and  all  those  who  direct  the 
education  of  children  shall  be  diligent  in  explaining  to  them 
the  new  calendar,  in  conformity  with  the  instructions  which 
are  herewith  annexed. 

16.  Every  four  years,  or  every  Franciade,  upon  the  Day  of 
the  Revolution,  republican  games  shall  be  celebrated,  in  mem- 
ory of  the  French  Revolution. 

Instructions  upon  the  era  of  the  Republic  and  upon  the 
division  of  the  year,  decreed  by  the  National  Convention,  in 
order  to  be  put  at  the  end  of  the  decree: 

First  Part. 

Of  the  motives  which  have  determined  the  decree. 

The  French  nation,  oppressed  and  debased  during  a great 
many  centuries  by  the  most  insolent  despotism,  has  finally  risen 
to  a perception  of  its  rights  and  the  power  to  which  its  desti- 
nies call  it.  Each  day  for  five  years  of  a revolution,  of  which 
the  annals  of  the  world  do  not  afford  a parallel,  it  has  been 
purging  itself  of  all  that  defiles  it  or  impedes  its  progress, 
which  must  be  as  majestic  as  rapid.  It  wishes  that  its  regen- 
eration should  be  complete,  in  order  that  its  years  of  liberty 
and  glory  may  be  distinguished  even  more  by  their  duration  in 
the  history  of  peoples  than  its  years  of  slavery  and  humiliation 
in  the  history  of  kings. 

Soon  the  arts  are  going  to  be  called  to  new  progress  by  the 
uniformity  of  weights  and  measures,  whose  exclusive  and  un- 
variable standard,  taken  in  the  measure  even  of  the  earth,  will 
cause  the  disappearance  of  the  diversity,  incoherence,  and  in- 
exactitude which  have  existed  up  to  the  present  in  that  part  of 
the  national  industry. 

The  arts  and  history,  for  which  time  is  a necessary  element, 
were  also  demanding  a new  measure  of  duration  disengaged 
from  all  the  errors  which  credulity  and  a superstitious  routine 
have  handed  down  to  us  from  the  centuries  of  ignorance. 

It  is  this  new  standard  which  the  National  Convention  to- 
day presents  to  the  French  people;  it  must  show  at  the 
same  time  both  the  impress  of  the  intelligence  of  the  nation 
and  the  character  of  our  revolution  by  its  exactitude,  by  its 
simplicity,  and  its  disengagement  from  every  opinion  which 
may  not  be  approved  by  reason  and  philosophy. 


7 


194 


GOVERNMENT  OF  THE  TERROR 


[The  remainder  of  the  instruction  explains  in 
the  same  vein  the  details  of  the  calendar.] 


45.  Organic  Decree  upon  the  Government  of  the  Terror. 

December  4,  1793  (14  Frimaire,  Year  II).  Duvergier,  Lois,  VI, 
317-322. 

This  document  may  be  called  the  Constitution  of  the  Reign  of 
Terror.  It  co-ordinated  and  amended  a large  number  of  earlier 
decrees  by  which  the  leading  institutions  of  the  revolutionary  gov- 
ernment had  been  created  or  regulated,  e.g..  Nos.  33,  37,  43.  A 
careful  study  of  the  document  will  bring  out  how  the  government 
was  carried  on  by  the  Convention  and  the  great  Committee  of 
Public  Safety  and  its  agents.  The  manner  in  which  the  elected 
local  authorities  were  divested  of  all  power  and  replaced  by  agents 
of  the  Committee  of  Fublic  Safety  calls  for  particular  notice. 

Rfff.kexces.  Stephens,  French  Revolution,  II.  316-318  ; La- 
visse  and  Rambaud,  J-J  Moire  Generate , VIII,  197-199  ; Aulard, 
Revolution  Francaise,  355-3D7. 


Section  I.  Dispatch  and  promulgation  of  the  laws, 
i.  The  laws  which  concern  the  public  interest  or  which 
are  of  general  operation  shall  be  printed  separately  in  a num- 
bered Bulletin,  which  shall  serve  henceforth  for  their  notifica- 
tion to  the  constituted  authorities.  This  bulletin  shall  bear  the 
title : Bulletin  of  the  Lazes  of  the  Republic. 

[The  omitted  articles  relate  to  the  preparation 
of  the  Bulletin.] 

8.  This  Bulletin  shall  be  addressed  directly  day  by  day  to 
all  the  constituted  authorities  and  to  all  the  public  authorities 
charged  either  with  .supervising  the  execution  or  causing  the 
application  of  the  law-s.  This  Bulletin  shall  be  distributed  to 
the  members  of  the  Convention. 

g.  At  each  place  the  promulgation  of  the  law  shall  be  made, 
within  twenty-four  hours  after  its  receipt,  by  a publication  at 
the  sound  of  the  trumpet  or  the  drum ; and  the  law  shall  be- 
come binding  counting  from  the  day  of  promulgation. 

io.  Independently  of  this  proclamation  in  each  commune 
of  the  Republic,  the  laws  shall  be  read  to  the  citizens  in  a 
public  place  each  decadi  by  the  mayor,  a municipal  officer,  or 
the  president  of  the  section. 


GOVERNMENT  OF  THE  TERROR 


195 


Section  II.  Execution  of  the  laws. 

1.  The  National  Convention  is  the  sole  centre  of  impulsion 
of  the  Government. 

2.  All  the  constituted  bodies  and  the  public  functionaries 
are  put  under  the  immediate  supervision  of  the  committee  of 
public  safety  for  the  measures  of  government  and  of  public 
safety,  in  conformity  with  the  decree  of  the  19  Vendemiaire; 
and  for  all  that  relates  to  persons  and  to  the  general  and  inter- 
nal police,  this  special  supervision  belongs  to  the  committee  of 
general  security  of  the  Convention,  in  conformity  with  the  de- 
cree of  September  17th  last : these  two  committees  are  required 
to  render  account  of  the  results  of  their  labors  at  the  end  of 
each  month  to  the  National  Convention.  Each  member  of 
these  two  committees  is  personally  responsible  for  the  fulfill- 
ment of  this  requirement. 

3.  The  execution  of  the  laws  is  divided  into  surveillance 
and  application. 

4.  The  active  surveillance  relative  to  the  military  laws 
and  measures,  to  the  administrative  laws,  civil  and  criminal,  is 
delegated  to  the  executive  council,  which  shall  render  an  ac- 
count thereof  in  writing  every  ten  days  to  the  committee  of 
public  safety,  in  order  to  inform  it  of  delays  and  negligences 
in  the  execution  of  the  civil  and  criminal  laws,  acts  of  gov- 
ernment and  military  and  administrative  measures,  as  well  as 
the  violations  of  these  laws  and  measures,  and  the  agents  who 
make  themselves  guilty  of  these  negligences  and  infractions. 

5.  Each  minister,  moreover,  is  required  to  personally  ren- 
der, every  ten  days,  a detailed  and  summarized  account  of  the 
operations  of  his  department  to  the  committee  of  public  safety, 
and  to  denounce  all  the  agents  that  it  employs  who  may  not 
have  discharged  their  duties  exactly. 

6.  The  surveillance  of  the  execution  of  the  revolutionary 
laws  and  the  measures  of  government,  of  general  security  and 
public  safety  within  the  departments,  is  assigned  exclusively 
to  the  districts,  with  the  requirement  to  render  exact  account 
thereof  every  ten  days  to  the  committee  of  public  safety  for 
the  measures  of  government  and  of  public  safety,  and  to  the 
committee  of  surveillance  of  the  Convention  for  that  which 
concerns  the  general  and  internal  police  as  wtell  as  individuals. 

7.  The  application  of  the  military  measures  belongs  to  the 


196 


GOVERNMENT  OF  THE  TERROR 


generals  and  other  agents  attached  to  the  service  of  the  armies ; 
the  application  of  the  military  laws  belongs  to  the  military 
tribunals ; that  of  the  laws  relative  to  the  taxes,  manufactures, 
highways,  public  canals,  and  surveillance  over  the  national  do- 
mains, belongs  to  the  department  administrations ; that  of  the 
civil  and  criminal  laws  to  the  tribunals,  with  the  express  re- 
quirement of  rendering  account  thereof  every  ten  days  to  the 
executive  council. 

8.  The  application  of  the  revolutionary  laws  and  the  meas- 
ures of  general  security  and  public  safety  is  confided  to  the 
municipalities  and  the  surveillance  or  revolutionary  commit- 
tees, with  the  like  requirement  of  rendering  account  every  ten 
days  of  the  execution  of  these  laws  in  the  territory  of  their  dis- 
trict, as  required  of  their  immediate  surveillance. 

9.  Nevertheless,  in  order  that  at  Paris  the  action  of  the 
police  may  encounter  no  impediment,  the  revolutionary  com- 
mittees shall  continue  to  correspond  directly  and  without  any 
intermediary  with  the  committee  of  general  security  of  the 
Convention,  in  conformity  with  the  decree  of  September  17th 
last. 

10.  All  the  constituted  bodies  shall  send  also,  at  the  end 
of  each  month,  the  outline  of  their  deliberations  and  of  their 
correspondence  to  the  authority  which  is  especially  charged 
by  this  decree  with  their  immediate  supervision. 

11.  Every  authority  and  every  public  functionary  is  ex- 
pressly forbidden  to  issue  proclamations  or  to  promulgate  ex- 
tensive orders  in  limitation  of  or  contrary  to  the  literal  sense 
of  the  law,  under  pretext  of  interpreting  or  supplementing  it. 

The  right  to  give  the  interpretation  of  decrees  belongs 
to  the  Convention  alone,  and  it  alone  can  be  looked  to  for 
that  purpose. 

12.  The  intermediate  authorities  charged  with  surveillance 
over  the  execution  and  application  of  the  laws  are, likewise  for- 
bidden to  pronounce  any  decision  and  to  order  the  release  of 
citizens  under  arrest.  This  right  belongs  exclusively  to  the 
National  Convention,  the  committees  of  public  safety  and  of 
general  security,  the  representatives  of  the  people  in  the  de- 
partments and  with  the  armies,  and  the  tribunals  in  making 
application  of  the  criminal  and  police  laws. 

13.  All  the  constituted  authorities  shall  be  sedentary  and 


GOVERNMENT  OF  THE  TERROR 


197 


they  can  deliberate  only  in  the  usual  place  for  their  sittings, 
except  in  cases  of  superior  force,  with  the  sole  exceptions  of 
the  justices  of  the  peace  and  their  assessors,  and  the  criminal 
tribunals  of  the  departments,  in  conformity  with  the  laws 
which  sanction  their  moving  about. 

14.  In  the  place  of  the  district  procureurs-syndics,  the  com- 
mune procureurs  and  their  substitutes,  who  are  abolished  by 
this  decree,  there  shall  be  national  agents  especially  charged 
with  requiring  and  seeking  to  obtain  the  execution  of  the 
laws,  as  well  as  to  denounce  the  negligences  that  occur  in  this 
execution  and  the  infractions  which  may  be  committed.  These 
national  agents  are  authorised  to  leave  their  stations  and  to 
move  about  the  circuit  of  their  districts  in  order  to  be  on  the 
lookout  and  to  satisfy  themselves  more  thoroughly  that  the 
laws  are  exactly  executed. 

15.  The  functions  of  the  national  agents  shall  be  per- 
formed by  the  citizens  who  new  occupy  the  places  of  district 
procureurs-syndics,  procureurs  of  the  communes  and  their  sub- 
stitutes, with  the  exception  of  those  who  have  given  occasion 
for  their  removal. 

16.  The  national  agents  attached  to  the  districts,  as  well 
as  every  other  public  functionary  personally  charged  by  this 
decree  either  to  require  the  execution  of  the  law  or  to  super- 
vise it  more  particularly,  are  required  to  maintain  an  accurate 
correspondence  with  the  committees  of  public  safety  and  of 
general  security.  These  national  agents  shall  write  to  the  two 
committees  every  ten  days,  according  to  the  requirements  es- 
tablished by  article  10  of  this  section,  in  order  to  attest  the  dili- 
gence displayed  in  the  execution  of  each  law  and  to  give  in- 
formation of  delays  and  of  negligent  and  double-dealing  public 
functionaries. 

17.  The  national  agents  attached  to  the  communes  are  re- 
quired to  render  the  same  account  for  the  district  of  their 
jurisdiction,  and  the  presidents  of  the  surveillance  and  revo- 
lutionary committees  shall  carry  on  the  same  correspondence, 
as  well  with  the  committee  of  general  security  as  with  the 
district  charged  with  surveillance  over  them. 

18.  The  committees  of  public  safety  and  of  general  secur- 
ity are  required  to  denounce  to  the  Convention  the  national 
agents  and  every  other  public  functionary  personally  charged 


I98  government  of  the  terror 

with  the  supervision  of  the  application  of  the  laws  in  order  to 
cause  them  to  be  punished  in  conformity  with  the  provisions 
set  forth  in  the  present  decree. 

19.  The  number  of  the  national  agents,  whether  in  -the  dis- 
tricts or  in  the  communes,  shall  be  equal  to  that  of  the  dis- 
trict procureurs-syndics  and  their  substitutes  and  the  com- 
mune procureurs  and  their  substitutes  actually  on  duty. 

20.  After  the  occurrence  of  the  purification  of  the  citizens 
summoned  by  this  decree  to  discharge  the  functions  of  nation- 
al agents  for  the  districts,  each  of  these  [districts]  shall  cause 
to  be  transmitted  to  the  National  Convention,  within  twenty- 
four  hours  after  the  purification,  the  names  of  those  who  shall 
have  been  retained  or  appointed  in  that  place ; and  the  list 
shall  be  read  at  the  tribune,  in  order  that  the  members  of  the 
Convention  may  explain  about  those  they  are  able  to  recognize. 

21.  The  replacing  of  the 'national  agents  for  the  districts 
who  shall  be  rejected  shall  be  made  provisionally  by  the  Na- 
tional Convention. 

22.  After  the  same  purification  shall  have  been  effected  in 
the  communes,  they  shall  send,  within  the  same  period,  a sim- 
ilar list  to  the  district  which  has  jurisdiction,  in  order  to  be 
publicly  proclaimed  there. 

Section  III.  Competence  of  the  constituted  authorities- 

1.  The  committee  of  public  safety  is  especially  charged 
with  the  conduct  of  the  chief  transactions  in  diplomacy  and 
it  shall  deal  directly  with  what  springs  from  these  same 
transactions. 

2.  The  representatives  of  the  people  shall  correspond  every 
ten  days  with  the  committee  of  public  safety.  They  can  sus- 
pend and  replace  the  generals  only  provisionally,  with  the  re- 
quirement of  informing  the  committee  of  public  safety  of  it 
within  twenty-four  hours;  they  cannot  counteract  nor  arrest 
the  execution  of  the  orders  and  measures  of  government  taken 
by  the  committee  of  public  safety;  they  shall  conform  them- 
selves in  all  their  missions  to  the  provisions  of  the  decree  of  6 
Frimaire. 

3.  The  functions  of  the  executive  council  shall  be  de- 
termined according  to  the  principles  established  in  the  present 
decree. 

4.  The  Convention  reserves  for  itself  the  appointment  of  the 


GOVERNMENT  OF  THE  TERROR 


199 


generals-in-chief  of  the  land  and  naval  forces.  As  to  the  other 
general  officers,  the  ministers  of  war  and  of  the  navy  cannot 
make  any  promotion  without  having  presented  the  list  or  the 
appointment,  with  a statement  of  reasons,  to  the  committee  of 
public  safety,  in  order  to  be  accepted  or  rejected  by  it.  These 
two  ministers,  likewise,  cannot  remove  any  of  the  military 
agents  appointed  provisionally  by  the  representatives  of  the  peo- 
ple sent  to  the  armies,  unless  the  proposal  has  been  made  in 
writing,  with  a statement  of  reasons,  to  the  committee  of  pub- 
lic safety  and  the  committee  has  accepted  it. 

5.  The  department  administrations  remain  especially  charg- 
ed with  the  apportionment  of  the  taxes  among  the  districts,  the 
establishment  of  manufactures,  of  highways  and  public  canals, 
and  surveillance  over  the  national  domains.  All  that  relates 
to  the  revolutionary  laws  and  to  the  measures  of  government 
and  of  public  safety  is  no  longer  within  their  jurisdiction.  In 
consequence,  the  hierarchy  which  placed  the  districts,  the  mu- 
nicipalities, or  any  other  authority,  under  the  dependence  of 
the  departments  is  suppressed  for  what  concerns  the  revolu- 
tionary and  military,  laws,  and  the  measures  of  government,  of 
public  safety,  and  of  general  security. 

6.  The  general  councils,  the  presidents,  and  the  procureur- 
syndics-general  are  likewise  abolished.  The  duties  of  the  presi- 
dent shall  be  discharged  by  the  members  of  the  directory  in 
turn  and  cannot  continue  more  than  one  month.  The  president 
shall  be  charged  with  the  correspondence  and  requisition  and 
special  surveillance  in  the  portion  of  the  execution  confided  to 
the  department  directories. 

7.  The  presidents  and  secretaries  of  the  revolutionary  and 
surveillance  committees,  likewise,  shall  be  renewed  every  fifteen 
days,  and  can  be  re-elected  only  after  an  interval  of  one  month. 

8.  No  citizen  already  employed  in  the  service  of  the  Re- 
public can  exercise  or  assist  in  the  exercise  of  an  authority 
charged  with  the  direct  or  indirect  surveillance  of  his  func- 
tions. 

9.  Those  who  unite  or  assist  in  the  cumulative  exercise 
of  similar  authorities  are  required  to  make  their  choice  within 
twenty-four  hours  after  the  publication  of  this  decree. 

10.  All  the  changes  ordered  by  the  present  decree  shall  be 


200 


GOVERNMENT  OF  THE  TERROR 


put  in  execution  within  three  days,  counting  from  the  publica- 
tion of  this  decree. 

11.  The  rules  of  the  formerly  established  order  in  which 
nothing  has  been  changed  by  this  decree  shall  be  followed  un- 
til it  has  been  otherwise  ordered.  However,  the  functions  of 
the  district  of  Paris  are  assigned  to  the  department,  as  having 
become  incompatible  by  this  new  organization  with  the  oper- 
ations of  the  municipality. 

12.  The  power  to  send  agents  belongs  exclusively  to  the 
committee  of  public  safety,  the  representatives  of  the  people, 
the  executive  council,  and  the  commission  of  subsistences.  The 
object  of  their  mission  shall  be  expressed  in  precise  terms  in 
their  commission. 

These  missions  shall  be  confined  strictly  to  effecting  the 
execution  of  the  revolutionary  and  general  safety  measures, 
and  the  requisitions  and  orders  issued  by  those  who  shall  have 
appointed  them. 

None  of  these  commissioners  can  set  aside  the  limitations 
of  his  commission ; and  in  no  case  is  the  delegation  of  powers 
permitted. 

13.  The  members  of  the  executive  council  are  required 
to  present  to  the  committee  of  public  safety  for  its  verification 
and  acceptance  the  list  of  the  agents  whom  they  are  about  to 
send  into  the  departments,  to  the  armies,  and  abroad,  and  to 
accompany  it  with  a statement  of  the  reasons. 

14.  The  agents  of  the  executive  council  and  of  the  com- 
mission of  subsistences  are  required  to  render  exact  account  of 
their  operations  to  the  representatives  of  the  people  who  are 
present  in  the  same  places.  The  powers  of  the  agents  ap- 
pointed by  the  representatives  with  the  armies  and  in  the  de- 
partments shall  expire  when  the  mission  of  the  representa- 
tives shall  be  terminated  or  they  shall  have  been  recalled  by 
decree. 

15.  Every  constituted  authority,  every  public  functionary, 
and  every  agent  employed  in  the  service  of  the  Republic,  is 
expressly  forbidden  to  extend  the  exercise  of  his  functions  be- 
yond the  territory  which  is  assigned  to  him,  to  perform  acts 
which  are  not  within  his  competency,  to  encroach  upon  other 
authorities,  to  exceed  the  functions  delegated  to  him,  or  to  ar- 
rogate to  himself  those  which  are  not  confided  to  him. 


GOVERNMENT  OP  THE  TERROR 


201 


16.  Every  constituted  authority  is  also  expressly  forbid- 
den to  alter  the  essence  of  its  organization  by  unions  with  other 
authorities,  by  delegates  charged  to  form  central  assemblies, 
or  by  commissioners  sent  to  other  constituted  authorities.  All 
relations  between  public  functionaries  can  take  place  only  in 
writing. 

T 7.  All  congresses  or  central  unions  established  either  by 
the  representatives  of  the  people  or  by  the  popular  societies, 
whatever  the  denomination  they  may  bear,  even  that  of  central 
committee  of  surveillance  or  of  central  revolutionary  or  mili- 
tary commission,  are  revoked  and  expressly  forbidden  by  this 
decree,  as  subversive  of  the  unity  of  action  of  the  Govern- 
ment and  as  tending  to  federalism ; and  those  in  existence  shall 
dissolve  themselves  within  twenty-four  hours,  counting  from 
the  publication  of  the  present  decree. 

18.  Every  revolutionary  army  other  than  that  established 
by  the  Convention  and  common  to  the  whole  Republic  is  dis- 
banded by  the  present  decree ; and  all  citizens  incorporated  in 
similar  military  institutions  are  enjoined  to  separate  within 
twenty-four  hours,  counting  from  the  publication  of  the  present 
decree,  under  penalty  of  being  regarded  by  the  law  as  rebels 
and  treated  as  such. 

ig.  Every  armed  force,  whatever  itst  institution  or  its  de- 
nomination, and  every  leader  of  one  is  expressly  forbidden  to 
perform  acts  which  belong  exclusively  to  the  constituted  civil 
authorities,  even  domiciliary  visits,  without  a written  order  is- 
sued by  these  authorities,  which  order  shall  be  executed  in  the 
forms  prescribed  by  the  decrees. 

20-  No  armed  force,  tax,  forced  or  voluntary  loan  can  be 
levied  except  in  virtue  of  a decree.  The  revolutionary  taxes 
of  the  representatives  of  the  people  shall  be  put  into  operation 
only  after  having  been  approved  by  the  Convention,  except 
they  be  in  enemy  or  rebel  country. 

21.  Every  constituted  authority  is  forbidden  to  dispose  of 
the  public  funds,  or  to  change  the  destination  of  them,  without 
being  authorised  to  do  so  by  the  Convention  or  by  an  express 
requisition  of  the  representatives  of  the  people,  under  penalty 
of  being  personally  responsible  tor  them. 

Section  IV.  Reorganization  and  purification  of  the  con- 
stituted authorities. 


202 


GOVERNMENT  OF  THE  TERROR 


1.  The  committee  of  public  safety  is  authorised  to  take  all 
the  necessary  measures  in  order  to  proceed  to  the  change  of 
organization  of  the  constituted  authorities  provided  in  the  pres- 
ent decree. 

2.  The  representatives  of  the  people  are  charged  to  secure 
and  accelerate  the  execution  of  them;  also  to  accomplish  with- 
out delay  the  complete  purification  of  all  the  constituted  author- 
ities and  to  render  a special  account  of  these  two  operations 
to  the  National  Convention  before  the  end  of  the  next  month. 

Section  Y.  Of  the  penal  law  for  public  functionaries  and 
other  agents  of  the  Republic. 

1.  Members  of  the  executive  council  guilty  of  negligence 
in  the  surveillance  and  execution  of  the  laws  for  the  part 
which  is  assigned  to  them,  as  well  individually  as  collectively, 
shall  be  punished  by  deprivation  of  citizenship  for  six  years  and 
the  confiscation  of  half  of  the  goods  of  the  condemned. 

2.  Public  functionaries  on  salary  and  charged  personally 
by  this  decree  to  require  and  to  follow  up  the  execution  of 
the  laws,  or  to  make  the  application  of  them,  and  to  denounce 
negligences,  infractions,  functionaries  and  other  guilty  agents, 
placed  under  their  surveillance,  and  who  shall  not  have  rigor- 
orously  fulfilled  these  duties,  shall  be  deprived  of  citizenship 
for  five  years  and  cpndemned  for  the  same  time  to  the  con- 
fiscation of  one-third  of  their  incomes. 

3.  The  penalty  for  public  functionaries  not  on  salary,  per- 
sonally charged  with  the  same  duties  and  guilty  of  the  same 
offences,  shall  be  deprivation  of  citizenship  for  four  years. 

4.  The  penalty  inflicted  upon  the  members  of  the  judicial, 
administrative,  municipal,  and  revolutionary  bodies,  guilty  of 
negligence  in  the  surveillance,  or  the  application  of  the  laws, 
shall  be,  for  the  salaried  functionaries,  deprivation  of  citizen- 
ship for  four  years  and  a fine  equal  to  one-fourth  of  the  an- 
nual income  of  each  condemned  person,  and  for  those  who  do 
not  receive  any  salary,  exclusion  from  the  exercise  of  the 
rights  of  citizenship  for  three  years. 

5.  The  general  officers  and  all  agents  attached  to  the  dif- 
ferent services  of  the  army  who  are  guilty  of  negligence  in  the 
surveillance,  execution,  and  application  of  the  operations  which 
are  entrusted  to  them,  shall  be  punished  with  deprivation  of 
the  rights  of  citizenship  for  eight  years  and  the  confiscation  of 
half  of  their  goods. 


GOVERNMENT  OF  THE  TERROR 


203 


6.  The  commissioners  and  special  agents  appointed  by  the 
committees  of  public  safety  and  of  general  security,  the  rep- 
resentatives of  the  people  with  the  armies  and  in  the  depart- 
ments, the  executive  council  and  commission  of  subsistences, 
who  are  guilty  of  having  exceeded  the  limits  of  their  commis- 
sion, or  of  having  neglected  to  execute  it,  or  of  not  submit- 
ting to  the  provisions  of  the  present  decree,  and  especially  to 
article  13  of  section  II  in  that  which  affects  them,  shall  be 
punished  by  five  years  in  prison. 

7.  The  minor  agents  of  the  Government,  even  those  who 
have  no  public  character,  such  as  the  heads  of  bureaus,  secre- 
taries, clerks  of  the  Convention,  the  executive  council,  the  dif- 
ferent public  administrations,  every  constituted  authority,  or 
any  public  functionary  who  has  employes,  shall  be  punished 
by  suspension  of  citizenship  for  three  3'ears  and  by  a fine  of 
one-third  of  the  income  of  the  condemned  person  for  the  same 
space  of  time,  for  personal  cause  of  all  negligences,  voluntary 
delays,  or  infractions  committed  in  the  execution  of  the  laws, 
orders  and  measures  of  government,  public  safety  and  admin- 
istration with  which  they  can  be  entrusted. 

8.  Every  infraction  of  the  law,  every  betrayal  of  trust, 
every  abuse  of  authority,  committed  by  a public  functionary  or 
by  any  other  principal  or  minor  agent  of  the  Government  and 
of  the  civil  and  military  administration  who  receives  a salary, 
shall  be  punished  by  five  years  in  prison  and  the  confiscation 
of  one-half  of  the  goods  of  the  condemned  person ; and  for 
those  not  salaried  and  guilty  of  the  same  offences,  the  penalty 
shall  be  deprivation  of  citizenship  for  six  years  and  the  con- 
fiscation of  one-fourth  of  their  incomes  for  the  same  time. 

9.  Ever}7  counterfeiter  of  the  Bulletin  of  the  Laws  shall 
be  punished  by  death. 

10.  The  penalties  inflicted  for  delays  and  negligences  in 
the  dispatch,  sending,  and  reception  of  the  Bulletin  of  the 
Laws  are,  for  the  members  of  the  commission  for  the  dispatch 
of  the  laws  and  for  the  letter-post  agents,  condemnation  to  five 
3'ears  in  prison,  except  in  the  case  where  the  use  of  violence 
is  legally  proven. 

11.  Public  functionaries  or  any  other  agents  subject  to  a 
joint  responsibility,  and  who  shall  have  notified  the  Convention 
of  the  lack  of  exact  surveillance  or  of  the  non-execution  of  a 


204  DECREE  UPON  SLAVERY 

law,  within  the  space  of  fifteen  days,  shall  be  excepted  from 
the  penalties  pronounced  by  this  decree. 

12.  The  confiscations  ordered  by  the  preceding  articles 
shall  be  turned  into  the  public  Treasury,  after  the  indemnity 
due  to  a citizen  injured  by  the  non-execution  or  violation  of 
a law  has  been  deducted- 


46.  Decree  upon  Slavery. 

February  4,  1794  (16  Pluviose,  Year  II).  Duvergier,  Lois, 
VII,  30. 

Of  recent  years  historians  have  come  to  see  that  the  work  of 
the  assemblies  of  the  Revolution  was  much  less  the  result  of 
attachment  to  abstract  principles  than  was  formerly  supposed. 
Nevertheless,  much  of  their  legislation  was  prompted  by  what  is 
vaguely  called  the  revolutionary  spirit.  A prominent  feature  of 
that  spirit  was  its  passionate  enthusiasm  for  the  extension  of 
human  liberty.  This  decree  is  typical  of  many  passed  by  the 
Convention  at  the  prompting  of  that  enthusiasm.  Its  immediate 
effects  were  unquestionably  disastrous. 

Reference.  Stephens,  French  Revolution,  II,  468-471. 

The  National  Convention  declares  that  negro  slavery  in 
all  the  colonies  is  abolished ; in  consequence,  it  decrees  that 
all  men,  without  distinction  of  color,  who  are  domiciled  in 
the  colonies  are  French  citizens  and  shall  enjoy  all  the  rights 
guaranteed  by  the  Constitution. 

It  sends  again  to  the  committee  of  public  safety  to  prepare 
for  it  immediately  a report  upon  the  measures  to  be  taken  in 
order  to  assure  the  execution  of  the  present  decree. 


47.  Decree  upon  Assignats. 

May  10,  1794  (21  Floreal,  Year  II).  Duvergier,  Lois,  VII,  162. 

This  is  a sort  of  organic  law  upon  assignats  co-ordinating  and 
amending  much  earlier  legislation  on  the  subject.  From  it  can 
be  made  up  a tolerably  complete  list  of  the  actions  in  relation  to 
assignats  which  were  regarded  as  crimes.  The  penalties,  for  which 
it  refers  to  previous  decrees,  were  exceptionally  severe.  In  many 
cases  the  penalty  was  death. 


Reference.  Lavisse  and  Rambaud,  Histoire  Generate,  VIII, 


DECREE  UPON  ASSIGNATS 


205 


631-632,  for  some  data  in  concise  form  upon  tlie  amount  of  assig- 
nats issued  and  their  value  at  different  dates. 

I.  The  provisions  of  the  decrees  of  7 and  30  Frimaire  and 
14  Germinal  relative  to  those  accused  of  embezzlement  of  na- 
tional lands,  of  tampering  [with  assignats],  of  the  manufacture, 
distribution  or  introduction  of  false  assignats  or  false  money, 
shall  likewise  regulate  the  method  of  procedure  against  per- 
sons accused  of  having  sold  or  purchased  coin;  of  having 
agreed  upon  or  proposed  different  prices  according  to  payment 
in  coin  or  in  assignats;  of  having  pronounced  discourses  tend- 
ing to  discredit  the  assignats;  of  having  refused  assignats  in 
payment ; of  having  given  or  received  them  at  any  loss  what- 
ever, or  of  having  demanded,  before  concluding  or  even  en- 
tering upon  a bargain,  in  what  money  the  payment  shall  be 
effected. 


5-  The  above  provisions  shall  be  observed  even  with  regard 
to  those  accused  of  offences  previous  to  the  publication  of  the 
present  decree  who  shall  not  yet  have  been  definitively  tried. 

6.  Articles  2 and  3 of  the  decree  of  April  11,  1793,  shall 
continue  to  be  executed  against  those  who  shall  be  convicted 
of  having  sold  or  purchased  coin,  or  having  given  or  sold  as- 
signats at  any  loss  whatever,  of  having  agreed  upon  or  pro- 
posed different  prices  according  to  payment  in  coin  or  assig- 
nats, of  having  demanded,  before  concluding  or  even  entering 
upon  a bargain,  in  what  money  the  payment  may  be  effected. 

7.  The  penalty  provided  by  the  decree  of  August  1,  1793,  in 
restraint  of  those  who  refuse  assignats  in  payment  shall  con- 
tinue ; and  nobody  within  the  extent  of  the  territory  of  the  Re- 
public can  shelter  himself  in  this  under  the  allegation  that  he 
is  not  a Frenchman. 

8.  Every  discourse  tending  to  discredit  the  assignats  shall 
likewise  be  punished  in  the  same  way. 

9.  In  conformity  with  article  4 of  the  decree  of  September 
5,  1793,  there  shall  be  occasion  for  the  death  penalty  and  for 
confiscation  of  goods,  whenever  the  offences  mentioned  in  the 
three  preceding  articles  shall  have  been  committed  with  the 
intention  of  assisting  the  undertakings  of  the  internal  or  exter- 
nal enemies  of  the  Republic. 


206 


TREATIES  WITH  PRUSSIA 


48.  Treaties  with  Prussia. 


Through  the  first  of  these  agreements  Prussia  withdrew  from 
the  coalition  against  France.  Document  B is  the  complement  of 
document  A.  Particular  attention  should  be  given  to  the  arrange- 
ments in  regard  to  the  territory  upon  the  left  bank  of  the  Rhine, 
the  compensation  for  the  dispossessed  princes  and  the  neutrality 
line  in  Germany. 

References.  Gardiner,  French  Revolution,  238-241  ; Fyffe, 
Modern  Europe,  I,  95-98  (Students’  ed.,  64-66)  ; Von  Sybel,  French 
Revolution,  IV,  Book  XI,  Oh.  iii  ; Eavisse  and  Rambaud,  Histoire 
Generate,  VIII,  301-305  : Sorel,  L’ Europe  et  la  Revolution  Fran- 
caise,  IV,  281-292. 

Maps.  Droysen,  Historisclier  Hand-Atlas,  48  ; Lane-Poole,  His- 
torical Atlas  of  Modern  Europe,  XI-XII  : Vidal-Lablache,  Atlas  Gen- 
eral, 40. 

A.  Treaty  of  Basle.  April  5,  1795  (16  Germinal,  Year 
III).  De  Clercq,  Tr antes,  I,  232-236. 

The  French  Republic  and  His  Majesty,  the  King  of  Prus- 
sia, equally  prompted  by  the  desire  to  put  an  end  to  the  war 
which  divides  them,  by  a firm  peace  between  the  two  nations, 

1.  There  shall  be  peace,  amity,  and  good  understanding 
between  the  French  Republic  and  the  King  of  Prussia,  con- 
sidered as  such  and  in  the  capacity  of  Elector  of  Branden- 
burg and  of  Co-State  of  the  Germanic  Empire. 

2.  Accordingly,  all  hostilities  between  the  two  Contract- 
ing Powers  shall  cease,  dating  from  the  ratification  of  the 
present  treaty ; and  neither  of  them,  dating  from  the  same 
time,  shall  furnish  against  the  other,  in  any  capacity  or  by 
any  title  whatsoever,  any  assistance  or  contingent,  whether  in 
men,  in  horses,  provisions,  money,  munitions  of  war,  or  other- 
wise. 

3.  Neither  of  the  Contracting  Powers  shall  grant  passage 
over  its  territory  to  troops  of  the  enemies  of  the  other. 

4.  The  troops  of  the  French  Republic  shall  evacuate, 
within  the  fifteen  days  which  follow  the  ratification  of  the 
present  treaty,  the  parts  of  the  Prussian  States  which  they 
may  occupy  upon  the  right  bank  of  the  Rhine.  . 

5.  The  troops  of  the  French  Republic  shall  continue  to 
occupy  the  part  of  the  States  of  the  King  of  Prussia  situated 
upon  the  left  bank  of  the  Rhine.  All  definitive  arrangement 


TREATIES  WITH  PRUSSIA 


207 


with  respect  to  these  provinces  shall  be  put  off  until  the  gen- 
eral pacification  between  France  and  the  German  Empire. 


11.  The  French  Republic  shall  accept  the  good  offices  of 
His  Majesty  the  King  of  Prussia  in  favor  of  the  Princes  and 
States  of  the  Germanic  Empire  who  shall  desire  to  enter 
directly  into  negotiation  with  it,  and  who,  for  that  purpose, 
have  already  requested  or  shall  yet  request  the  intervention 
of  the  King.  The  French  Republic,  in  order  to  give  to  the 
King  of  Prussia  a signal  proof  of  its  desire  to  co-operate  for 
the  re-establishment  of  the  former  bonds  of  amity  which  have 
existed  between  the  two  countries,  consents  not  to  treat 
as  hostile  countries,  during  the  space  of  three  months  after 
the  ratification  of  the  present  treaty,  those  of  the  Princes  and 
States  of  the  said  Emipre  situated  upon  the  right  bank 
of  the  Rhine  and  in  favor  of  whom  the  King  shall  interest 
himself. 


SEPARATE  AND  SECRET  ARTICLES. 


2.  If,  at  the  general  pacification  between  the  Germanic 
Empire  and  France,  the  left  bank  of  the  Rhine  remains  with 
France,  His  Majesty  the  King  of  Prussia  will  come  to  an 
agreement  with  the  French  Republic  upon  the  method  of  the 
cession  of  the  Prussian  States  situated  upon  the  left  bank 
of  this  river,  in  exchange  for  such  territorial  indemnification 
as  shall  be  agreed  upon.  In  this  case  the  King  shall  accept 
the  guarantee  which  the  Republic  offers  him  for  this  indem- 
nification. 

3.  In  order  to  remove  the  theatre  of  war  from  the  fron- 
tiers of  the  States  of  the  King  of  Prussia,  to  preserve  the  tran- 
quility of  the  north  of  Germany,  and  to  establish  entire  free- 
dom of  commerce  between  that  part  of  the  Empire  and  France 
as  before  the  war,  the  French  Republic  consents  not  to  extend 
the  operations  of  war,  nor  to  cause  its  troops  to  enter,  either 
by  land  or  sea,  into  the  Countries  and  States  situated  beyond 
the  following  line  of  demarcation : 


208 


TREATIES  WITH  PRUSSIA 


[For  this  line  see  Putzger,  Hist  oris  cher  Schul-Atlas,  24.] 

The  French  Republic  will  regard  as  neutral  Countries  and 
States  all  those  which  are  situated  beyond  this  line,  on  con- 
dition that  His  Majesty,  the  King  of  Prussia,  undertakes  to 
cause  them  to  observe  a strict  neutrality,  of  which  the  first 
point  shall  be  to  recall  their  contingents  and  not  to  contract 
any  new  engagements  which  can  authorise  them  to  furnish 
troops  to  the  Powers  at  war  with  France.  The  King  charges 
himself  with  the  guarantee  that  no  troops  hostile  to  France 
shall  pass  this  line,  nor  set  out  from  the  countries  which  are 
here  included,  in  order  to  fight  the  French  armies;  and  for 
this  purpose  the  two  Contracting  Powers,  after  having  planned 
together,  shall  agree  upon  the  essential  points  for  sufficient 
corps  of  observation  to  cause  this  neutrality  to  be  respected. 

5.  The  French  Republic,  desiring  to  contribute  in  everything 
that  depends  upon  it  to  the  emancipation  and  well  being  of 
Prussia,  with  which  it  recognizes  that  it  has  a large  identity 
of  interests,  consents  in  case  France,  at  the  future  peace  with 
the  Germanic  Empire,  shall  extend  its  limits  to  the  Rhine  and 
shall  thus  remain  in  possession  of  the  States  of  the  Due 
de  Deux  Ponts,  to  charge  itself  with  the  guarantee  of  the 
sum  of  1,500,000  rixdalers  loaned  by  the  King  to  the  Prince, 
after  the  indentures  of  this  debt  shall  have  been  produced 
and  its  authenticity  established. 


B.  Secret  Convention.  August  5,  1796  (18  Thermidor, 
Year  IV).  De  Clercq,  Traitcs,  I,  281-283. 

The  French  Republic  and  His  Majesty  the  King  of  Prussia, 
prompted  by  an  equal  desire  to  see  the  baneful  war  which 
afflicts  Europe  cease  shortly,  and  flattering  themselves  that 
the  accomplishment  of  this  salutary  desire  cannot  be  far  dis- 
tant, have  believed  that  they  ought  in  advance  to  enter  into 
amicable  communications  upon  several  matters  relative  to 
this  pacification,  which  they  hope  is  approaching. 

1.  The  intention  of  the  two  Contracting  Powers  being,  first 
of  all,  to  agree  upon  a territorial  indemnification  for  the  loss 
of  the  Prussian  provinces  upon  the  left  bank  of  the  Rhine, 


TREATY  OF  THE  HAGUE 


209 


in  case  the  said  bank  shall  be  ceded  to  France  at  the  time 
of  the  peace  with  the  Empire,  . . . His  Prussian 

Majesty,  in  order  to  give  to  the  French  Republic  a proof  of 
his  feelings  of  amity,  declares  that  when  the  question  of  the 
cession  of  the  left  bank  of  the  Rhine  to  France  shall  arise, 
he  will  not  oppose  it ; and,  as  in  that  case,  in  order  to  indem- 
nify the  secular  Princes  who  will  lose  by  that  arrangement, 
the  principle  of  secularizations  becomes  absolutely  indispen- 
sable, His  Majesty  consents  to  accept  the  said  principle  and 
he  shall  receive  as  indemnity  for  the  said  Trans-Rhen- 
ish provinces,  including  the  enclave  of  Sevenaer,  which 
in  this  case  will  be  ceded  to  France,  the  remainder  of 
the  bishopric  of  Munster,  with  the  country  of  Recklinghausen, 
making  deduction  of  the  part  mentioned  above  and  on  con- 
dition of  their  prior  secularization;  His  Majesty  still  reserv- 
ing to  himself  to  add  to  these  what  may  be  suitable  to  com- 
plete his  indemnification,  upon  which  matter  the  two  Powers 
shall  come  to  an  agreement. 


49,  Treaty  of  the  Hague. 

May  16,  1795  (27  Floreal,  Year  III).  De  Clercq,  Traites,  I, 
236-242. 

This  treaty  illustrates  the  relationship  between  France  and 
countries  such  as  Holland  which  it  revolutionized  but  did  not 
annex. 

Reference.  Lavisse  and  Rambaud,  Histoire  Generate,  VIIT, 
303-304. 

The  French  Republic  and  the  Republic  of  the  United 
Provinces,  equally  animated  by  the  desire  to  put  an  end  to 
the  war  which  has  divided  them,  to  repair  the  evils  of  it  by 
a just  distribution  of  reciprocal  damages  and  advantages,  and 
to  unite  themselves  forever  by  an  alliance  founded  upon  the 
true  interests  of  the  two  peoples,  . . . 

1.  The  French  Republic  recognizes  the  Republic  of  the 
United  Provinces  as  a free  and  independent  Power  and  guar- 
antees to  it  its  liberty,  its  -independence,  and  the  abolition  of 


210 


TREATY  OF  THE  HAGUE 


the  Stadtholderate  decreed  by  the  States-General  and  by  each 
province  on  its  own  part. 

2.  There  shall  be  forever  between  the  two  Republics, 
the  French  and  the  United  Provinces,  peace,  friendship,  and 
good  understanding. 

3.  There  shall  be  between  the  two  Republics,  until  the 
end  of  the  war,  an  offensive  and  defensive  alliance  against  all 
their  enemies  without  distinction. 

4.  This  offensive  and  defensive  alliance  shall  exist  against 
England,  whenever  either  of  the  two  Republics  shall  be  at 
war  with  her. 

5.  Neither  of  the  two  Republics  shall  make  peace  with 
England,  nor  treat  with  her,  without  the  co-operation  and  con- 
sent of  the  other. 

6.  The  French  Republic  shall  not  make  peace  with  any  of 
the  other  coalesced  Powers  without  including  the  Republic 
of  the  United  Provinces. 

7.  The  Republic  of  the  United  Provinces  shall  furnish 
for  its  contingent  during  this  campaign  twelve  line-of-battle 
ships  and  eighteen  frigates,  to  be  employed  principally  in  the 
German  Ocean,  the  North  and  Baltic  Seas.  These  forces  shall 
be  increased  for  the  next  campaign,  if  one  occurs.  The 
Republic  of  the  United  Provinces  shall  furnish  besides,  if 
it  is  requested  to  do  so,  at  least  half  of  the  land  forces  which 
it  shall  have  on  foot. 

8.  The  land  and  sea  forces  of  the  United  Provinces — 
which  shall  be  expressly  intended  to  act  with  those  of  the 
French  Republic — shall  be  under  the  orders  of.  the  French 
generals. 

[Articles  11-12  provide  for  the  transfer  to  France 
of  Flanders,  Maestrecht,  Venloo,  and  other  districts  in  the 
vicinity  of  the  river  Meuse.  By  article  16  compensation  of 
an  equal  extent  of  territory  is  to  be  provided  at  the  general 
peace  “out  of  the  country  conquered  and  retained  by  France.”] 

17.  The  French  Republic  shall  continue  to  occupy  mili- 
tarily, during  the  present  war  only,  but  by  a number  of 
troops  determined  and  agreed  upon  between  the  two  nations, 
the  places  and  positions  which  it  will  be  useful  to  guard  for 
the  defence  of  the  country.  t , 


TREATY  OF  THE  HAGUE 


211 


20.  The  Republic  of  the  United  Provinces  shall  pay  to 
the  French  Republic,  as.  indemnity  and  damages  for  the  ex- 
penses of  the  war,  one  hundred  million  florins  current  money 
of  Holland,  either  in  coin  or  in  good  foreign  bills  of  ex- 
change, in  conformity  with  the  method  of  payment  agreed 
upon  between  the  two  Republics. 


22.  The  Republic  of  the  United  Provinces  pledges  itself 
not  to  give  asylum  to  any  French  Fmigre ; likewise  the  French 
Republic  will  not  give  asylum  to  Orangist  Fmigres. 


SEPARATE  AND  SECRET  SOCIETIES. 

1.  [Reduces  the  naval  forces  mentioned  in  number  I of 
the  open  articles  to  three  line-of-battle  ships  and  four  frigates.] 

2.  The  districts  named  in  article  12  of  the  open  treaty 
are  reserved  [by  FranceJ  only  in  order  to  be  united  to  the 
French  Republic  and  not  to  other  Powers. 

3.  A month  after  the  exchange  of  the  ratifications  of 
the  present  treaty,  the  French  army  in  the  United  Prov- 
inces shall  be  reduced,  in  execution  of  article  i~  of  the  open 
treaty,  to  25,000  men,  who  shall  be  paid  in  coin,  equipped  and 
clothed  by  the  Republic  of  the  United  Provinces  upon  the 
footing  of  war,  in  conformity  with  a rule  which  shall  be 
agreed  upon  between  the  two  governments.  This  army  shall 
be  left  after  the  peace,  in  whole  or  in  part,  to  the  Republic 
of  the  United  Provinces  as  long  as  she  shall  desire  and  it 
shall  be  maintained  upon  the  footing  that  shall  be  determined 
for  that  purpose. 


5.  The  requisitions  made  directly  to  the  States-General 
by  the  Representatives  of  the  People  before  the  signing  of 
the  present  treaty  shall  be  fulfilled  in  toto  without  delay.  The 
repayment  of  this  outlay  taken  in  its  totality  is  reduced  and 
fixed  at  the  sum  of  ten  million  florins. 

6.  The  two  Contracting  Republics  mutually  guarantee  the 
possessions  which  they  had  before  this  war  in  the  two  Indies 
and  upon  the  coasts  of  Africa.  The  harbors  of  the  Cape  of 


212 


CONSTITUTION  OP  THE  YEAR  III 


Good  Hope,  Colombo  and  Trincomali  shall  be  open  to  French 
vessels  a,s  well  as  to  vessels  of  the  United  Provinces  and  upon 
the  same  terms. 


50.  Constitution  of  the  Year  III. 


August  22,  1795  (5  Fructidor,  Year  III).  Duvergier,  Lois, 

VIII,  223-242. 

This  constitution  was  drawn  up  after  the  suppression  of  the 
insurrection  of  I’rairial.  which  had  demanded  that  the  Constitu- 
tion of  the  Year  I should  be  put  in  operation.  It  was  referred  to 
the  people,  but  coupled  with  the  requirement  that  at  least  two- 
thirds  of  the  members  of  the  Convention  must  be  elected  to  the 
two  legislative  councils.  This  “decree  of  the  two-thirds’’  led  to 
the  unsuccessful  royalist  insurrection  of  Vendemialre.  The  new 
constitution  was  then  put  into  effect  (October  26,  1795).  It 
remained  in  operation  until  18  Brumaire.  The  general  plan  for 
the  legislative  and  executive  branches  of  the  government  calls  for 
notice  ; the  former  should  be  compared  with  those  of  the  constitu- 
tions of  1791  and  of  the  Year  I (see  Nos.  15  and  39),  the  latter 
with  those  of  the  same  documents  and  of  No.  45.  The  basis  for 
suffrage  and  office-holding  should  also  be  compared  with  the  earlier 
constitutions. 


References.  Gardiner,  French  Revolution,  247-250  ; Mathews, 
French  Revolution,  277-280 ; Fyffe,  Modern  Europe,  I,  100-103 
(Students’  ed.,  68-60)  r Fournier,  Napoleon,  54;  Lanfrey,  Napoleon, 
I.  48-50  ; Von  Sybel,  French  Revolution,  IV,  394-404  ; Lavisse  and 
liambaud,  Historic  Generate,  VIII,  227-230,  374-376;  Aulard,  Rev- 
olution Francaise , Part  III,  Ch.  i. 

Declaration  of  the  Rights  and  Duties  of  Man 
and  Citizen. 

The  French  people  proclaim  in  the  presence  of  the  Su- 
preme Being  the  following  declaration  of  the  rights  of  man 
and  citizen. 

RIGHTS. 

1.  The  rights  of  man  in  society  are  liberty,  equality,  se- 
curity, property. 

2.  Liberty  consists  in  the  power  to  do  that  which  does 
not  injure  the  rights  of  others. 

3.  Equality  consists  in  this,  that  the  law  is  the  same  for 
all,  whether  it  protects  or  punishes. 

Equality  does  not  admit  of  any  distinction  of  birth  nor  of 
any  inheritance  of  powers. 

4.  Security  results  from  the  co-operation  of  all  in  order 
to  assure  the  rights  of  each. 


CONSTITUTION  OF  THE  YEAR  III 


213 


5.  Property  is  the  right  to  enjoy  and  to  dispose  of  one's 
goods,  income,  and  the  fruit  of  one’s  labor  and  industry. 

6.  The  law  is  the  general  will  expressed  by  the  majority 
of  the  citizens  or  their  representatives. 

7.  That  which  is  not  forbidden  by  the  law  cannot  be  pre- 
vented. 

No  one  can  be  constrained  to  do  that  which  it  does  not 
ordain. 

8.  No  one  'can  be  summoned  into  court,  accused,  arrested, 
or  detained  except  in  the  cases  determined  by  the  law  and 
according  to  the  forms  which  it  has  prescribed. 

9.  Those  who  incite,  promote,  sign,  execute,  or  cause  to  be 
executed  arbitrary  acts  are  guilty  and  ought  to  be  punished. 

10.  Every  severity  which  may  not  be  necessary  to  secure 
the  person  of  a prisoner  ought  to  be  severely  repressed  by  the 
law. 

11.  No  one  can  be  tried  until  after  he  has  been  heard  or 
legally  summoned. 

12.  The  law  ought  to  decree  only  such  penalties  as  are 
strictly  necessary  and  proportionate  to  the  offence. 

13.  All  treatment  which  increases  the  penalty  fixed"  by  the 
law  is  a crime. 

14.  No  law,  either  civil  or  criminal,  can  have  retroactive 
effect. 

15.  Every  man  can  contract  his  time  and  his  services,  but 
he  cannot  sell  himself  nor  be  sold ; his  person  is  not  an  alien- 
able property. 

16.  Every  tax  is  established  for  the  public  utility;  it 
ought  to  be  apportioned  among  those  liable  for  taxes  accord- 
ing to  their  means. 

17.  Sovereignty  resides  essentially  in  the  totality  of  the 
citizens. 

18.  No  individual  nor  assembly  of  part  of  the  citizens  can 
assume  the  sovereignty. 

19.  No  one  can  without  legal  delegation  exercise  any 
authority  or  fill  any  public  function. 

20.  Each  citizen  has  a legal  right  to  participate  directly 
or  indirectly  in  the  formation  of  the  law  and  in  the  selection 
of  the  representatives  of  the  people  and  of  the  public  function- 
aries. 


214 


CONSTITUTION  OF  THE  YEAR  III 


21.  1'he  public  offices  cannot  become  the  property  of  those 
who  hold  them. 

22.  The  social  guarantee  cannot  exist  if  the  division  of 
powers  is  not  established,  if  their  limits  are  not  fixed,  and  if 
the  responsibility  of  the  public  functionaries  is  not  assured. 

DUTIES. 

1.  The  declaration  of  rights  contains  the  obligations  of 
the  legislators : the  maintenance  of  society  requires  that  those 
who  compose  it  should  both  know  and  fulfill  their  duties. 

2.  All  the  duties  of  man  and  citizen  spring  from  these 
two  principles  graven  by  nature  in  every  heart : 

Not  to  do  to  others  that  which  you  would  not  that  they 
should  do  to  you. 

Do  continually  for  others  the  good  that  you  would  wish 
to  receive  from  them. 

3.  The  obligations  of  each  person  to  society  consist  in 
defending  it,  serving  it,  living  in  submission  to  the  laws^  and 
respecting  those  who  arc  the  agents  of  them. 

4.  No  one  is  a good  citizen  unless  he  is  a good  son,  good 
father,  good  brother,  good  friend,  good  husband. 

5.  No  one  is  a virtuous  man  unless  he  is  unreservedly 
and  religiously  an  observer  of  the  laws. 

6.  The  one  who  violates  the  laws  openly  declares  himself 
in  a state  of  war  with  society. 

7.  The  one  who,  without  transgressing  the  laws,  eludes 
them  by  stratagem  or  ingenuity  wounds  the  interests  of  all ; 
he  makes  himself  unworthy  of  their  good  will  and  their 
esteem. 

8.  It  is  upon  the  maintenance  of  property  that  the  culti- 
vation of  the  land,  all  the  productions,  all  means  of  labor, 
and  the  whole  social  order  rest. 

9.  Every  citizen  owes  his  services  to  the  fatherland  and  to 
the  maintenance  of  liberty,  equality,  and  property  whenever 
the  law  summons  him  to  defend  them. 

Constitution. 

1.  The  French  Republic  is  one  and  indivisible. 

2.  The  totality  of  the  French  citizens  is  the  sovereign. 

title  1. 

3.  France  is  divided  into  departments. 

These  departments  are  . . . [list  omitted]. 


CONSTITUTION  OF  THE  YEAR  III 


215 


4.  The  boundaries  of  the  departments  can  be  changed  or 
rectified  by  the  Legislative  Body ; but  in  that  case,  the  area 
of  a department  cannot  exceed  one  hundred  square  myriame- 
ters  (four  hundred  common  square  leagues). 

5.  Each  department  is  divided  into  cantons,  each  canton 
into  communes. 

The  cantons  preserve  their  present  circumscriptions. 

Their  boundaries,  nevertheless,  can  be  changed  or  recti- 
fied by  the  Legislative  Body ; but  in  that  case  there  shall  not 
be  more  than  one  myriameter  (two  common  leagues  of  two 
thousand  five  hundred  and  sixty-six  toises  each)  of  the  com- 
mune the  most  remote  from  the  head-town  of  the  canton. 

6.  The  French  colonies  are  integral  parts  of  the  Republic 
and  are  subject  to  the  same  constitutional  law. 

7.  They  are  divided  into  departments  as  follows : 

The  island  of  Saint  Domingo,  of  which  the  Legislative 
Body  shall  determine  the  division,  into  four  departments  at 
least  and  into  six  at  most ; 

Guadaloupe,  Marie  Galante,  Desirade,  the  Saintes,  and  the 
French  part  of  Saint  Martin ; 

Martinique ; 

French  Guiana  and  Cayenne ; 

Saint  Lucia  and  Tabago; 

The  Isle  of  France,  the  Seychelles,  Rodriguez,  the  settle- 
ments of  Madagascar ; 

The  Island  of  Reunion ; 

The  East  Indies,  Pondicherry,  Chandernagor,  Mahe,  Kar- 
ikal  and  other  settlements. 

TITLE  II.  -POLITICAL  CONDITION  OF  THE  CITIZENS. 

8.  Every  man  born  and  residing  in  France,  fully  twenty- 
one  years  of  age,  who  has  had  himself  enrolled  upon  the  civic 
register  of  his  canton,  who  has  lived  for  a year  past  upon  the 
soil  of  the  Republic,  and  who  pays  a direct  land  or  personal 
property  tax,  is  a French  citizen. 

9.  Frenchmen  who  shall  have  made  one  or  more  cam- 
paigns for  the  establishment  of  the  Republic  are  citizens,  with- 
out condition  as  to  tax. 

10.  A foreigner  becomes  a French  citizen  when,  after  hav- 
ing fully  reached  the  age  of  twenty-one  years  and  having  de- 
clared an  intention  to  settle  in  France,  he  has  resided  here  for 
seven  consecutive  years ; provided  he  pays  a direct  tax,  and  in 


2l6 


CONSTITUTION  OF  THE  YEAR  III 


addition  possesses  real  estate  or  an  agricultural  or  commercial 
establishment,  or  has  married  a French  woman. 

n.  Only  French  citizens  can  vote  in  the  primary  assemb- 
lies and  be  summoned  to  the  offices  established  by  the  con- 
stitution. 

12.  The  exercise  of  the  rights  of  citizenship  is  lost: 

ist.  By  naturalization  in  a foreign  country; 

2d.  By  affiliation  with  any  foreign  corporation  which  may 
imply  distinctions  of  birth  or  which  may  demand  religious 
vows ; 

3d.  By  the  acceptance  of  positions  or  pensions  offered  by  a 
foreign  government ; 

4th.  By  condemnation  to  afflictive  or  infamous  penalties  un- 
til rehabilitation ; 

13.  The  exercise  of  the  rights  of  citizenship  is  suspended : 

1st.  By  judicial  inhibition  because  of  delirium,  insanity,  or 

imbecility ; 

2d.  By  the  condition  of  bankruptcy  or  by  the  direct  inheri- 
tance by  gratuitous  title  of  the  whole  or  of  part  of  the  suc- 
cession of  a bankrupt ; 

3d.  By  the  condition  of  domestice  service  for  wages  either 
for  a person  or  a household ; 

4th.  By  the  condition  of  accusation  ; 

5th.  By  a judgment  of  contempt  of  court,  as  long  as  the 
judgment  is  not  annuled. 

14.  The  exercise  of  the  rights  of  citizenship  is  neither  lost 
nor  suspended  except  in  the  cases  enumerated  in  the  two  pre- 
ceding articles. 

15.  Every  citizen  who  shall  have  resided  for  seven  con- 
secutive years  outside  of  the  territory  of  the  Republic,  without 
commission  or  authorisation  given  in  the  name  of  the  Repub- 
lic, is  reputed  a foreigner;  he  becomes  a French  citizen 
again  only  after  having  conformed  to  the  conditions  pre- 
scribed in  article  10. 

16.  Young  men  cannot  be  enrolled  upon  the  civic  register 
unless  they  prove  that  they  know  how  to  read  and  write  and 
to  follow  a mechanical  calling. 

The  manual  operations  of  agriculture  belong  to  the  me- 
chanical callings. 

This  article  shall  have  effect  only  dating  from  the  Year 
XII  of  the  Republic. 


CONSTITUTION  OF  THE  YEAR  III 


217 


TITLE  III.  PRIMARY  ASSEMBLIES. 

17.  The  primary  assemblies  are  composed  of  the  citizens 
residing  in  the  same  canton. 

The  domicile  requisite  for  voting  in  these  assemblies  is 
acquired  only  by  residence  for  one  year  and  is  lost  only  by  a 
year  of  absence. 

18.  No  one  can  act  by  proxy  in  the  primary  assemblies  or 
vote  for  the  same  matter  in  more  than  one  of  these  assemblies. 

19.  There  is  at  least  one  primary  assembly  per  canton. 

When  there  are  several  of  them  each  is  composed  of  four 

hundred  citizens  at  least,  of  nine  hundred  at  most. 

These  numbers  include  the  citizens,  present  or  absent,  hav- 
ing the  right  to  vote  there. 

20.  The  primary  assemblies  constitute  themselves  provis- 
ionally under  the  presidency  of  the  most  aged ; the  youngest 
discharges  provisionally  the  duties  of  secretary. 

21.  They  are  definitively  constituted  through  the  selection 
by  ballot  of  a president,  secretary,  and  three  tellers. 

22.  If  difficulties  arise  over  the  qualifications  requisite  for 
voting  the  assembly  decides  provisionally,  reserving  recourse 
to  the  civil  tribunal  of  the  department. 

23.  In  every  other  case  the  Legislative  Body  alone  pro- 
nounces upon  the  validity  of  the  operations  of  the  primary 
assemblies. 

24.  No  one  can  appear  in  arms  in  the  primary  as- 
semblies. 

25.  Their  policing  belongs  to  themselves. 

26.  The  primary  assemblies  meet : 

1st.  In  order  to  accept  or  reject  changes  in  the  constitu- 
tional act  proposed  by  the  assemblies  of  revision ; 

2d.  To  conduct  the  elections  which  belong  to  them  accord- 
ing to  the  constitutional  act. 

27.  They  meet  with  perfect  right  upon  1 Germinal  of  each 
year  and  proceed,  according  as  there  is  occasion,  to  the  se- 
lection : 

1st.  Of  the  members  of  the  electoral  assembly; 

2d.  The  justice  of  the  peace  and  his  assessors; 

3d.  The  president  of  the  municipal  administration  of  the 
canton,  or  the  municipal  officers  in  the  communes  of  above  five 
thousand  inhabitants. 


2l8 


CONSTITUTION  OP  THE  YEAR  III 


28.  Immediately  after  these  elections,  in  the  communes  of 
under  five  thousand  inhabitants,  the  communal  assemblies  are 
held,  which  elect  the  agents  of  each  commune  and  their  as- 
sistants. 

29.  Whatever  is  done  in  a primary  or  communal  assembly 
that  is  beyond  the  purpose  of  its  convocation  and  contrary  to 
the  forms  settled  by  the  constitution  is  null. 

30.  The  assemblies,  whether  primary  or  communal,  carry 
on  no  other  elections  than  those  which  are  assigned  to  them 
by  the  constitutional  act. 

31.  All  the  elections  are  carried  on  by  secret  ballot. 

32.  Every  citizen  who  is  legally  convicted  of  having  sold 
or  purchased  a vote  is  excluded  from  the  primary  and  com- 
munal assemblies  and  from  every  public  office  for  twenty 
years ; in  case  of  repetition,  forever. 

TITLE  IV.  ELECTORAL  ASSEMBLIES. 

33.  Each  primary  assembly  selects  one  elector  by  reason 
of  two  hundred  citizens,  present  or  absent,  having  the  right  to 
vote  in  the  said  assembly.  For  citizens  up  to  the  number  of 
three  hundred  inclusive  only  one  elector  is  chosen. 

Two  of  them  are  selected  for  three  hundred  and  one  up  to 
five  hundred ; 

Three  for  five  hundred  and  one  up  to  seven  hundred ; 

Four  for  seven  hundred  and  one  up  to  nine  hundred. 

34.  The  members  of  the  electoral  assemblies  are  selected 
each  year  and  can  be  re-elected  only  after  an  interval  of  two 
years. 

35.  No  one  can  be  chosen  elector  unless  he  is  twenty-five 
years  of  age  and  unites  to  the  qualifications  necessary  for  the 
exercise  of  the  rights  of  French  citizenship  one  of  the  fol- 
lowing conditions,  to  wit: 

In  the  communes  of  above  six  thousand  inhabitants,  that  of 
being  proprietor  or  usufructuary  of  a property  valued  at  an 
income  equal  to  the  local  value  of  two  hundred  days  of  labor, 
or  that  of  being  occupant  either  of  a habitation  valued  at  an 
income  equal  to  the  value  of  one  hundred  and  fifty  days  of 
labor,  or  of  a rural  property  valued  at  two  hundred  days  of 
labor ; 

In  the  communes  of  under  six  thousand  inhabitants,  that  of 
being  proprietor  or  usufructuary  of  a property  valued  at  an 


CONSTITUTION  OP  THE  YEAR  III 


219 


income  equal  to  the  local  value  of  one  hundred  and  fifty  days 
of  labor,  or  that  of  being  occupant  either  of  a habitation  val- 
ued at  an  income  equal  to  the  value  of  one  hundred  days  of 
labor  or  of  rural  property  valued  at  one  hundred  days  of  labor ; 

And  in  the  country  that  of  being  proprietor  or  usufruc- 
tuary of  a property  valued  at  an  income  equal  to  the  local  val- 
ue of  one  hundred  and  fifty  days  of  labor,  or  that  of  being 
the  farmer  or  metayer  of  properties  appraised  at  the  value  of 
two  hundred  days  of  labor. 

With  respect  to  those  who  shall  be  at  the  same  time  pro- 
prietors or  usufructuaries  for  one  part  and  occupants,  farmers, 
or  metayers  for  the  other,  their  properties  by  these  different 
titles  shall  be  cumulated  to  the  amount  necessary  to  estab- 
lish their  eligibility. 

36.  The  electoral  assembly  of  each  department  meets  on 
20  Germinal  of  each  year  and  concludes,  in  a single  session  of 
ten  days  -at  most  and  without  power  to  adjourn,  all  the  elec- 
tions which  are  to  occur ; after  that  it  is  dissolved  with  per- 
fect right. 

37.  The  electoral  assemblies  cannot  busy  themselves  with 
any  matter  foreign  to  the  elections  with  which  they  are 
charged ; they  cannot  send  or  receive  any  address,  any  peti- 
tion, or  any  deputation. 

38.  The  electoral  assemblies  cannot  correspond  among 
themselves. 

39.  No  citizen,  having  been  a member  of  an  electoral  as- 
sembly, can  take  the  title  of  elector  or  meet  in  that  capacity 
with  those  who  have  been  with  him  members  of  that  same 
assembly. 

Infraction  of  the  present  article  is  an  attempt  against  the 
general  security. 

40.  Articles  18,  20,  21,  23,  24,  25,  29,  30,  31  and  32  of  the 
preceding  title,  upon  the  primary  assemblies,  are  common  to 
the  electoral  assemblies. 

41.  The  electoral  assemblies  elect  according  as  there  is 
occasion : 

1st.  The  members  of  the  Legislative  Body;  to  wit,  the 
members  of  the  Council  of  Ancients,  then  the  members  of  the 
Council  of  the  Five  Hundred ; 

2d.  The  members  of  the  tribunal  of  cassation ; 


220 


CONSTITUTION  OF  THE  YEAR  III 


3d.  The  high  jurors; 

4th.  The  department  administrators; 

5th.  The  president,  public  accuser,  and  recorder  of  the 
criminal  tribunal ; 

6th.  The  judges  of  the  civil  tribunals. 

42.  When  a citizen  is  elected  by  the  electoral  assemblies 
in  order  to  replace  a deceased,  resigned,  or  dismissed  function- 
ary, this  citizen  is  elected  only  for  the  time  which  remained  to 
the  replaced  functionary. 

43.  The  commissioner  of  the  Executive  Directory  near  the 
administration  of  each  department  is  required,  under  penalty 
of  dismissal,  to  inform  the  Direotory  of  the  opening  and  clos- 
ing of  the  electoral  assemblies : this  commissioner  can  neither 
stop  nor  suspend  the  operations,  nor  enter  into  the  place  of 
the  sittings ; but  he  has  the  right  to  call  for  communication 
of  the  minutes  of  each  session  within  the  twenty-four  hours 
which  follow  it,  and  he  is  required  to  inform  the  Directory 
of  the  infractions  which  may  be  made  of  the  constitutional 
act. 

In  all  cases  the  Legislative  Body  alone  passes  upon  the 
validity  of  the  operations  of  the  electoral  assemblies. 

TITLE  V.  LEGISLATIVE  POWER. 

General  Provisions. 

44.  The  Legislative  Body  is  composed  of  a Council  of 
Ancients  and  a Council  of  the  Five  Hundred. 

45.  In  no  case  can  the  Legislative  Body  delegate  to  one  or 
several  of  its  members,  nor  to  anybody  whomsoever,  any  of  the 
functions  which  are  assigned  to  it  by  the  present  constitution. 

46.  It  cannot  itself  or  by  delegates  discharge  the  executive 
or  the  judicial  power. 

47.  The  position  of  member  of  the  Legislative  Body  and 
the  discharge  of  any  other  public  function,  except  that  of 
archivist  of  the  Republic,  are  incompatible. 

48.  The  law  determines  the  method  of  permanently  or 
temporarily  replacing  the  public  functionaries  who  have  been 
elected  members  of  the  Legislative  Body. 

49.  Each  department  contributes,  only  in  proportion  to  its 
population,  to  the  selection  of  the  members  of  the  Council  of 
Ancients  and  of  the  members  of  the  Council  of  the  Five 
Hundred. 


CONSTITUTION  OF  THE  YEAR  III 


221 


50.  Every  ten  years  the  Legislative  Body,  according  to  the 
lists  of  population  which  are  sent  to  it,  determines  the  number 
of  members  of  each  council  which  each  department  shall 
furnish. 

51.  No  change  can  be  made  in  this  apportionment  during 
this  interval. 

52.  The  members  of  the  Legislative  Body  are  not  repre- 
sentatives of  the  department  which  has  selected  them,  but  of 
the  entire  nation,  and  no  instructions  can  be  given  to  them. 

53.  Both  Councils  are  renewed  every  year  by  a third. 

54.  The  members  retiring  after  three  years  can  be  im- 
mediately re-elected  for  the  three  following  years,  after  which 
there  must  be  an  interval  of  two  years  before  they  can  be 
elected  again. 

55.  No  one  in  any  case  can  be  a member  of  the  Legisla- 
tive Body  during  more  than  six  consecutive  years. 

56.  If  through  extraordinary  circumstances  either  of  the 
two  Councils  finds  itself  reduced  to  less  than  two-thirds  of 
its  members,  it  gives  notice  thereof  to  the  Executive  Directory, 
which  is  required  to  convoke  without  delay  the  primary  as- 
semblies of  the  departments,  which  have  members  of  the 
Legislative  Body  to  replace  through  the  effect  of  these  circum- 
stances : the  primary  assemblies  immediately  select  the  elec- 
tors, who  proceed  to  the  necessary  replacements. 

57.  The  newly  elected  members  for  both  of  the  Councils 
meet  upon  1 Prairial  of  each  year  in  the  commune  which  has 
been  indicated  by  the  preceding  Legislative  Body,  or  in  the 
same  commune  where  it  has  held  its  last  sittings,  if  it  has  not 
designated  another. 

58.  The  two  Councils  always  reside  in  the  same  commune. 

59.  The  Legislative  Body  -is  permanent ; nevertheless,  it 
can  adjourn  for  periods  which  it  designates. 

60.  In  no  case  can  the  two  Councils  meet  in  a single  hall. 

61.  Neither  in  the  Council  of  Ancients  nor  in  the  Council 
of  the  Five  Hundred  can  the  functions  of  president  and  sec- 
retary exceed  the  duration  of  one  month. 

62.  The  two  Councils  respectively  have  the  right  of  police 
in  the  place  of  their  sittings  and  in  the  environs  which  they 
have  determined. 

63.  They  have  respectively  the  right  cf  police  over  their 


222 


CONSTITUTION  OF  THE  YEAR  III 


members ; but  they  cannot  pronounce  any  penalty  more  severe 
than  censure,  arrests  for  eight  days,  or  imprisonment  for 
three. 

64.  The  sittings,  of  both  Councils  are  public:  the  specta- 
tors cannot  exceed  in  number  half  of  the  members  of  each 
Council  respectively. 

The  minutes  of  the  sittings  are  printed. 

65.  Every  decision  is  taken  by  rising  and  sitting ; in  case  of 
doubt,  the  roll  call  is  employed,  but  in  that  case  the  votes  are 
secret. 

66.  Upon  the  request  of  one  hundred  of  its  members  each 
Council  can  form  itself  into  secret  committee  of  the  whole, 
but  only  in  order  to  discuss,  not  to  resolve. 

67.  Neither  of  these  Councils  can  create  any  permanent 
committee  within  its  own  body. 

But  each  Council  has  the  power,  when  a matter  seems  to 
it  susceptible  of  a preparatory  examination,  to  appoint  from 
among  its  members  a special  commission,  which  confines  itself 
exclusively  to  the  matter  that  led  to  its  formation. 

This  commission  is  dissolved  as  soon  as  the  Council  has 
legislated  upon  the  matter  with  which  it  was  charged. 

68.  The  members  of  the  Legislative  Body  receive  an  an- 
nual compensation ; it  is  fixed  for  both  Councils  at  the  value 
of  three  thousand  myriagrams  of  wheat  (six  hundred  and 
thirty  quintals,  thirty-two  livres). 

69.  The  Executive  Directory  cannot  cause  any  body  of 
troops  to  pass  or  to  sojourn  within  six  myriameters  (twelve 
common  leagues)  of  the  commune  where  the  Legislative  Body 
is  holding  its  sittings,  except  upon  its  requisition  or  with  its 
authorisation. 

70.  There  is  near  the  Legislative  Body  a guard  of  citizens, 
taken  from  the  reserve  National  Guard  of  all  the  departments 
and  chosen  by  their  brothers  in  arms. 

This  guard  cannot  be  less  than  fifteen  hundred  men  in 
active  service. 

71.  The  Legislative  Body  fixes  the  method  of  this  service 
and  its  duration. 

72.  The  Legislative  Body  is  not  to  be  present  at  any  public 
ceremony  nor  does  it  send  deputations  to  them. 


CONSTITUTION  OP  THE  YEAR  III 


223 


Council  of  the  Five  Hundred. 

73.  The  Council  of  the  Five  Hundred  is  unalterably  fixed 
at  that  number. 

74.  In  order  to  be  elected  a member  of  the  Council  of  the 
Five  Hundred  it  is  necessary  to  be  fully  thirty  years  of  age 
and  to  have  been  domiciled  upon  the  soil  of  France  for  the 
ten  years  which  shall  have  immediately  preceded  the  election. 

The  condition  of  thirty  years  of  age  shall  not  be  required 
before  the  seventh  year  of  the  Republic : until  that  date  the 
age  of  twenty-five  shall  be  sufficient. 

75.  The  Council  of  the  Five  Hundred  cannot  deliberate 
unless  the  sitting  is  composed  of  at  least  two  hundred  mem- 
bers. 

76.  The  proposal  of  the  laws  belongs  exclusively  to  the 
Council  of  the  Five  Hundred. 

77.  No  proposition  can  be  considered  or  decided  upon  in 
the  Council  of  the  Five  Hundred  except  in  observance  of  the 
following  forms. 

There  shall  be  three  readings  of  the  proposal ; the  interval 
between  two-  of  these  readings  cannot  be  less  than  ten  days. 

The  discussion  is  open  after  each  reading ; nevertheless, 
the  Council  of  the  Five  Hundred  can  declare  that  there  is  cause 
for  adjournment  or  that  there  is  no  occasion  for  consideration. 

Every  proposal  shall  be  printed  and  distributed  two  days 
before  the  second  reading. 

After  the  third  reading  the  Council  of  the  Five  Hundred 
decides  whether  or  not  there  is  cause  for  adjournment. 

78.  No  proposition,  which  after  having  been  submitted  to 
discussion  has  been  definitively  rejected  after  the  third  reading, 
can  be  renewed  until  after  a year  has  elapsed. 

79.  The  propositions  adopted  by  the  Council  of  the  Five 
Hundred  are  called  Resolutions. 

80.  The  preamble  of  every  resolution  states : 

1st.  The  dates  of  the  sittings  upon  which  the  three  readings 
of  the  proposition  shall  have  occurred ; 

2d.  The  act  by  which  after  the.  third  reading  it  has  been  de- 
clared that  there  was  not  cause  for  adjournment. 

81.  The  propositions  recognized  as  urgent  by  a previous 
declaration  of  the  Council  of  the  Five  Hundred  are  exempt 
from  the  forms  prescribed  by  article  77. 


224 


CONSTITUTION  OF  THE  YEAR  III 


This  declaration  states  the  motives  for  urgency  and  men- 
tion shall  be  made  of  them  in  the  preamble  of  the  resolution. 

Council  of  Ancients. 

82.  The  Council  of  Ancients  is  composed  of  two  hundred 
ana  fifty  members. 

83.  No  one  can  be  elected  a member  of  the  Council  of 
Ancients, 

Unless  he  is  fully  forty  years  of  age; 

Unless,  moreover,  he  is  married  or  a widower ; 

And  unless  he  has  been  domiciled  upon  .the  soil  of  the 
Republic  for -the  fifteen  years  which  shall  have  immediately 
preceded  the  election. 

84.  The  condition  of  domicile  required  by  the  pre- 
ceding article  and  that  prescribed  by  article  74  do  not 
affect  the  citizens  who  are  away  from  the  soil  of  the  Repub- 
lic upon  a mission  of  the  Government. 

85.  The  Council  of  Ancients  cannot  deliberate  unless  the 
sitting  is  composed  of  at  least  one  hundred  and  twenty-six 
members. 

86.  It  belongs  exclusively  to  the  Council  of  Ancients 
to  approve  or  reject  the  resolutions  of  the  Council  of  the  Five 
Hundred. 

87.  As  soon  as  a resolution  of  the  Council  of  the  Five 
Hundred  has  reached  the  Council  of  Ancients  the  president 
directs  the  reading  of  the  preamble. 

88.  The  Council  of  Ancients  refuses  to  approve  the  reso- 
lutions of  the  Council  of  the  Five  Hundred  which  have  not 
been  taken  in  the  forms  prescribed  by  the  Constitution. 

89.  If  the  proposition  has  been  declared  urgent  by  the 
Council  of  the  Five  Hundred,  the  Council  of  Ancients  decides 
to  approve  or  reject  the  act  of  urgency. 

90.  If  the  Council  of  Ancients  rejects  the  act  of  urgency, 
it  does  not  pass  upon  the  matter  of  the  resolution. 

91.  If  the  resolution  is  not  preceded  by  an  act  of  urgency, 
there  shall  be  three  readings  of  it : the  interval  between  two 
of  these  readings  cannot  be  less  than  five  days. 

The  debate  is  open  after  each  reading. 

Every  resolution  is  printed  and  distributed  at  least  two 
days  before  the  second  reading. 


CONSTITUTION  OF  THE  YEAR  III 


225 


92.  The  resolutions  of  the  Council  of  the  Five  Hundred 
adopted  by  the  Council  of  Ancients  are  called  Laws. 

93.  The  preamble  of  the  laws  states  the  dates  of  the  sit- 
tings of  the  Council  of  Ancients  upon  which  the  three  read- 
ings have  occurred. 

94.  The  decree  by  which  the  Council  of  Ancients  recog- 
nizes the  urgency  of  a law  is  adduced  and  mentioned  in  the 
preamble  of  that  law. 

95.  The  proposition  for  a law  made  by  the  Council  of  the 
Five  Hundred  embraces  all  the  articles  of  a single  project: 
the  Council  shall  reject  them  all  or  approve  them  in  their  en- 
tirety. 

96.  The  approval  of  the  Council  of  Ancients  is  expressed 
upon  each  proposition  of  law  by  this  formula,  signed  by  the 
president  and  the.  secretaries : The  Council  of  Ancients  ap- 
proves . 

97.  The  refusal  to  adopt  because  of  the  omission  of  the 
forms  indicated  in  article  77  is  expressed  by  this  formula, 
signed  by  the  president  and  the  secretaries : The  Constitution 
annuls  . 

98.  The  refusal  to  approve  the  principle  of  the  law  is  ex- 
pressed by  this  formula,  signed  by  the  president  and  the  secre- 
taries: The  Council  of  Ancients  cannot  adopt  . 

99.  In  the  case  of  the  preceding  article,  the  rejected  pro- 
ject of  law  cannot  be  again  presented  by  the  Council  of  the 
Five  Hundred  until  after  a year  has  elapsed. 

100.  The  Council  of  the  Five  Hundred,  nevertheless,  can 
present  at  any  date  whatsoever  a project  of  law  which  con- 
tains articles  included  in  a project  which  has  been  rejected. 

101.  The  Council  of  Ancients  within  the  day  sends  the 
laws  which  it  has  adopted  to  the  Council  of  the  Five  Hundred 
as  well  as  to  the  Executive  Directory. 

102.  The  Council  of  Ancients  can  change  the  residence 
of  the  Legislative  Body;  it  indicates  in  this  case  a new  place 
and  the  date  at  which  the  two  Councils  are  required  to  repair 
thence. 

The  decree  of  the  Council  of  Ancients  upon  this  subject  is 
irrevocable. 

103.  Upon  the  day  of  this  decree  neither  of  the  Councils 
can  deliberate  any  further  in  the  commune  where  they  have 
until  then  resided. 


226 


CONSTITUTION  OF  THE  YEAR  III 


The  members  who  may  continue  their  functions  there  make 
themselves  guilty  of  an  attempt  against  the  security  of  the 
Republic. 

104.  The  members  of  the  Executive  Directory  who  may 
retard  or  refuse  to  seal,  promulgate,  and  dispatch  the  decree 
of  transfer  of  the  Legislative  Body  are  guilty  of  the  same 
offence. 

105.  If,  within  the  twenty  days  after  that  fixed  by  the 
Council  of  Ancients,  the  majority  of  each  of  the  two  Councils 
have  not  made  known  to  the  Republic  their  arrival  at  the  new 
place  indicated  or  their  meeting  in  some  other  place,  the  de- 
partment administrators,  or  in  their  default,  the  department 
civil  tribunals,  convoke  the  primary  assemblies  in  order  to 
select  the  electors  who  proceed  forthwith  to  the  formation  of  a 
new  Legislative  Body  by  the  election  of  two  hundred  and  fifty 
deputies  for  tne  Council  of  Ancients  and  five  hundred  for  the 
other  Council. 

106.  The  department  administrators,  who,  in  the  case  of 
the  preceding  article  may  be  remiss  in  convoking  the  primary 
assemblies,  make  themselves  guilty  of  high  treason  and  of  an 
attempt  against  the  security  of  the  Republic. 

107.  All  citizens  who  interpose  obstacles  to  the  convoca- 
tion of  the  primary  and  electoral  assemblies  in  the  case  of 
article  106  are  guilty  of  the  same  offence. 

108.  The  members  of  the  new  Legislative  Body  assemble 
in  the  place  where  the  Council  of  Ancients  had  transferred  its 
sittings. 

If  they  cannot  meet  in  that  place,  in  whatever  place  there 
is  a majority  there  is  the  Legislative  Body. 

109.  Except  in  the  case  of  article  102  no  proposition  of 
law  can  originate  in  the  Council  of  Ancients. 

Of  the  Guaranty  of  the  Members  of  the  Legislative  Body. 

no.  The  citizens  who  are  or  have  been  members  of  the 
Legislative  Body  cannot  be  questioned,  accused,  or  tried  at  any 
time  for  what  they  have  said  or  written  in  the  discharge  of 
their  functions. 

in.  The  members  of  the  Legislative  Body  from  the  mo- 
ment of  their  selection  to  the  thirtieth  day  after  the  expira- 
tion of  their  functions  cannot  be  put  on  trial  except  in  the 
forms  prescribed  by  the  articles  that  follow. 


CONSTITUTION  OF  THE  YEAR  III 


227 


1 12.  For  criminal  acts  they  can  be  seized  in  the  very  act: 
but  notice  thereof  is  given  without  delay  to  the  Legislative 
Body  and  the  prosecution  shall  be  continued  only  after  the 
Council  of  the  Five  Hundred  shall  have  proposed  proceed- 
ing with  the  trial  and  the  Council  of  Ancients  shall  have  de- 
creed it. 

1 13.  Outside  of  the  case  of  flagrante  delicto  the  members 
of  the  Legislative  Body  cannot  be  brought  before  the  police 
officers  nor  put  in  a state  of  arrest  until  after  the  Council  of 
the  Five  Hundred  has  proposed  proceeding  with  the  trial  and 
the  Council  of  Ancients  has  decreed  it. 

1 14.  In  the  case  of  the  two  preceding  articles  a member  of 
the  Legislative  Body  cannot  be  brought  before  any  other  tri- 
bunal than  the  High  Court  of  Justice. 

1 15.  They  are  brought  before  the  same  court  for  acts  of 
treason,  squandering,  maneuvers  to  overthrow  the  Constitu- 
tion, and  attempts  against  the  internal  security  of  the  Re- 
public. 

1 16.  No  denunciation  against  a member  of  the  Legislative 
Body  can  give  rise  to  a prosecution  unless  it  is  reduced  to 
writing,  signed,  and  addressed  to  the  Council  of  the  Five  Hun- 
dred. 

1 17.  If,  after  having  deliberated  in  the  form  prescribed 
by  article  77,  the  Council  of  the  Five  Hundred  accepts  the 
denunciation,  it  so  declares  in  these  terms : 

The  denunciation  against  . . . for  the  act  of  . . 

dated  . . . signed  ...  is  accepted. 

1 18.  The  accused  is  then  summoned:  he  has  a period  of 
three  full  days  in  which  to  make  his  appearance,  and  when  he 
appears,  he  is  heard  in  the  interior  of  the  place  of  the  sittings 
of  the  Council  of  the  Five  Hundred. 

1 19.  Whether  the  accused  be  present  or  not,  the  Council 
of  the  Five  Hundred  declares  after  this  period  whether  there 
is  occasion  or  not  for  the  examination  of  his  conduct. 

120.  If  the  Council  of  the  Five  Hundred  declares  that 
there  is  occasion  for  an  examination,  the  accused  is  sum- 
moned by  the  Council  of  Ancients : he  has  a period  of  two 
full  days  in  which  to  appear;  and  if  he  appears,  he  is  heard 
in  the  interior  of  the  place  of  the  sittings  of  the  Council  of 
Ancients. 


228 


CONSTITUTION  OF  THE  YEAR  III 


121.  Whether  the  accused  be  present  or  not,  the  Council 
of  Ancients,  after  this  period,  and  after  having  deliberated  in 
the  forms  prescribed  by  article  91,  pronounces  the  accusation 
if  there  is  occasion  and  sends  the  accused  before  the  High 
Court  of  Justice,  which  is  required  to  proceed  with  the  trial 
without  any  delay. 

122.  All  discussion  in  either  Council  relative  to  complaint 
against  or  accusation  of  a member  of  the  Legislative  Body 
takes  place  in  committee  of  the  whole. 

Every  decision  upon  the  same  matters  is  taken  by  roll  oall 
and  secret  ballot. 

123.  Accusation  pronounced  against  a member  of  the 
Legislative  Body  entails  suspension. 

If  he  is  acquitted  by  the  judgment  of  the  High  Court  of 
Justice  he  resumes  his  functions. 

Relations  of  the  Two  Councils  between  Themselves. 

124.  When  the  two  Councils  are  definitively  constituted 
they  give  notice  thereof  reciprocally  by  a messenger  of  state. 

125.  Each  Council  appoints  four  messengers  of  state  for 
its  service. 

126.  They  carry  the  laws  and  acts  of  the  Legislative  Body 
to  each  of  the  Councils  and  to  the  Executive  Directory; 
they  have  entrance  for  that  purpose  into  the  place  of  the  sit- 
tings of  the  Executive  Directory. 

They  go  preceded  by  two  ushers. 

127.  Neither  of  the  two  Councils  can  adjourn  beyond 
five  days  without  the  consent  of  the  other. 

Promulgation  of  the  Laws. 

128.  The  Executive  Directory  causes  the  laws  and  other 
acts  of  the  Legislative  Body  to  be  sealed  and  published  within 
two  days  after  their  reception. 

129.  It  causes  to  be  sealed  and  promulgated,  within  a day, 
the  laws  and  acts  of  the  Legislative  Body  which  are  preceded 
by  a decree  of  urgency. 

130.  The  publication  of  the  law  and  the  acts  of  the  Legis- 
lative Body  is  prescribed  in  the  following  form : 

“In  the  name  of  the  French  Republic  ( law ) or  ( act  of  the 
Legislative  Body) ..  .the  Directory  orders  that  the  above  law  or 
legislative  act  shall  be  published,  executed,  and  that  it  shall  be 
provided  zvith  the  seal  of  the  Republic.” 


CONSTITUTION  OF  THE  TEAR  III 


229 


1.31.  Laws  whose  preambles  do  not  attest  the  observation 
of  the  forms  prescribed  by  articles  77  and  91  cannot  be  pro- 
mulgated by  the  Executive  Directory,  and  its  responsibility 
in  this  respect  lasts  six  years. 

Laws  are  excepted  for  which  the  act  of  urgency  has  been 
approved  by  the  Council  of  Ancients. 

TITLE  VI.  EXECUTIVE  POWER. 

132.  The  executive  power  is  delegated  to  a Directory  of 
five  members  appointed  by  the  Legislative  Body  performing 
then  the  functions  of  an  electoral  body  in  the  name  of  the 
nation. 

133.  The  Council  of  the  Five  Hundred  form  by  secret 
ballot  a list  of  ten  times  the  number  of  the  members  of  the 
Directory  to  be  appointed  and  present  it  to  the  Council  of 
Ancients,  who  choose,  also  by  secret  ballot,  within  this  list. 

134.  The  members  of  the  Directory  shall  be  at  least  forty 
years  of  age. 

135.  They  can  be  taken  only  from  among  the  citizens  who 
have  been  members  of  the  Legislative  Body  or  ministers. 

The  provision  of  the  present  article  shall  be  observed  only 
commencing  with  the  ninth  year  of  the  Republic. 

136.  Counting  from  the  first  day  of  the  Year  V.  of  the 
Republic  the  members  of  the  Legislative  Body  cannot  be  elect- 
ed members  of  the  Directory  or  ministers,  either  during  the 
continuance  of  their  legislative  functions  or  during  the  first 
year  after  the  expirations  of  these  same  functions. 

137.  The  Directory  is  renewed  in  part  by  the  election  of 
one  new  member  each  year. 

During  the  first  four  years  the  lot  shall  decide  upon  the  or- 
der of  retirement  of  those  who  shall  have  been  appointed  for 
the  first  time. 

138.  None  of  the  retiring  members  can  be  re-elected  until 
after  an  interval  of  five  years. 

139.  The  ancestor  and  the  descendant  in  the  direct  line, 
brothers,  uncle  and  nephew,  cousins  of  the  first  degree,  and 
those  related  by  marriage  in  these  various  degrees,  can- 
not be  at  the  same  time  members  of  the  Directory  nor  can 
they  succeed  them  until  after  an  interval  of  five  years. 

140.  In  case  of  the  removal  of  one  of  the  members  of  the 
Directory  by  death,  resignation,  or  otherwise,  his  successor  is 


230 


CONSTITUTION  OP  THE  YEAR  III 


elected  by  the  Legislative  Body  within  ten  days  at  the  latest. 

The  Council  of  the  Five  Hundred  is  required  to  propose 
the  candidates  within  the  first  five  days  and  the  Council  of 
Ancients  shall  complete  the  election  within  the  last  five  days. 

The  new  member  is  elected  only  for  the  term  of  office 
which  remained  to  the  one  whom  he  replaces. 

Nevertheless,  if  this  time  does  not  exceed  six  months,  the 
one  who  is  elected  remains  in  office  until  the  end  of  the  fifth 
year  following. 

141.  Bach  member  of  the  Directory  presides  over  it  in  his 
turn  for  three  months  only. 

The  president  has  the  signature  and  the  keeping  of  the 
seal. 

The  laws  and  the  acts  of  the  Legislative  Body  are  ad- 
dressed to  the  Directory  in  the  person  of  its  president. 

142.  The  Executive  Directory  cannot  deliberate  if  there 
are  not  at  least  three  members  present. 

143.  It  chooses  for  itself  outside  of  its  own  body  a secre- 
tary who  countersigns  the  despatches  and  records  the  transac- 
tions in  a register  where  each  member  has  the  right  to  cause 
to  be  inscribed  his  opinion  with  his  motives. 

The  Directory  can,  when  it  thinks  expedient,  deliberate 
without  the  presence  of  its  secretary;  in  this  case  the  trans- 
actions are  recorded  in  a special  register  by  one  of  the  mem- 
bers of  the  Directory. 

144.  The  Directory  provides,  according  to  the  laws,  for  the 
external  and  internal  security  of  the  Republic. 

It  can  issue  proclamations  in  conformity  with  the  laws  and 
for  their  execution. 

It  disposes  of  the  armed'  force,  without  the  Directory  col- 
lectively or  any  of  its  members  being  able  in  any  case  to  com- 
mand them  during  the  time  of  their  functions  or  during  the 
two  years  which  immediately  follow  the  expiration  of  these 
same  functions. 

145.  If  the  Directory  is  informed  that  some  conspiracy  is 
being  plotted  against  the  external  or  internal  security  of  the 
State,  it  can  issue  warrants  of  apprehension  and  arrest  against 
those  who  are  presumed  to  be  the  authors  or  the  accomplices 
thereof ; it  can  question  them : but  it  is  required  under  the 
penalties  provided  for  the  crime  of  arbitrary  imprisonment  to 


CONSTITUTION  OF  THE  TEAR  III 


231 


send  them  into  the  presence  of  the  police  officer  within  the 
period  of  two  days  in  order  to  proceed  according  to  the  laws. 

146.  The  Directory  appoints  the  Generals-m-Chief ; it  can- 
not choose  them  from  among  the  blood  or  marriage  relations 
of  its  members  within  the  degrees  expressed  in  article  139. 

147.  It  supervises  and  secures  the  execution  of  the  laws  in 
the  administrations  and  tribunals  by  commissioners  of  its  ap- 
pointment. 

148.  It  appoints,  from  outside  of  its  own  body,  the  min- 
isters and  dismisses  them  when  it  thinks  expedient. 

It  cannot  choose  those  under  the  age  of  thirty  years,  nor 
from  among  the  blood  or  marriage  relations  of  its  members 
within  the  degrees  set  forth  in  article  139. 

149.  The  ministers  correspond  directly  with  the  author- 
ities who  are  ^subordinate  to  them. 

150.  The  Legislative  Body  determines  the  prerogatives 
and  the  number  of  the  ministers. 

This  number  is  from  six  at  the  least  to  eight  at  the  most. 

151.  The  ministers  do  not  form  a council. 

152.  The  ministers  are  individually  responsible  for  the 
non-execution  of  the  laws  as  well  as  for  the  non-execution  of 
the  orders  of  the  Directory. 

153.  The  Directory  appoints  the  receiver  of  direct  taxes 
of  each  department. 

154.  It  appoints  the  superintendents  in  chief  for  the  ad- 
ministrations of  the  indirect  taxes  and  for  the  administration 
of  the  national  lands. 

155.  All  the  public  functionaries  in  the  French  colonies, 
except  the  departments  of  the  islands  of  France  and  Reunion, 
shall  be  appointed  by  the  Directory  until  the  peace. 

156.  The  Legislative  Body  can  authorise  the  Directory 
to  send  into  any  of  the  French  colonies,  according  to  the  need 
of  the  case,  one  or  several  special  agents  appointed  by  it  for 
a limited  time. 

The  special  agents  shall  exercise  the  same  functions  as  the 
Directory  and  shall  be  subordinate  to  it. 

157.  No  member  of  the  Directory  can  leave  the  soil  of  the 
Republic -until  two  years  after  the  cessation  of  his  functions. 

158.  He  is  required  during  that  interval  to  furnish  to  the 
Legislative  Body  proofs  of  his  residence. 

Article  112  and  the  following  to  article  123  inclusive,  rel- 


232 


CONSTITUTION  OF  THE  YEAR  III 


ative  to  the  guarantee  of  the  Legislative  Body,  are  common 
to  the  members  of  the  Directory. 

159.  In  the  case  where  more  than  two  of  the  Directory 
may  be  put  on  trial  the  Legislative  Body  shall  provide  in  the 
usual  forms  for  their  provisional  replacement  during  the  trial. 

160.  Outside  of  the  cases  of  articles  119  and  120  the  Di- 
rectory or  any  of  its  members  cannot  be  summoned  by  the 
Council  of  the  Five  Hundred  nor  by  the  Council  of  Ancients. 

161.  The  reports  and  explanations  called  for  by  either  of 
the  Councils  are  furnished  in  writing. 

162.  The  Directory  is  required  to  present  to  both  Councils 
each  year  in  writing  a statement  of  the  expenses,  the  situ- 
ation of  the  finances,  and  the  list  of  the  existing  pensions,  as 
well  as  a project  for  those  which  it  believes  ought  to  be  estab- 
lished. 

It  shall  indicate  the  abuses  which  have  come  to  its  knowl- 
edge. 

163.  The  Directory  can  at  any  time  in  writing  invite  the 
Council  of  the  Five  Hundred  to  take  a subject  into  consider- 
ation ; it  can  propose  measures  to  it,  but  not  drawn  up  in  the 
form  of  projects  of  law. 

164.  No  member  of  the  Directory  can  be  absent  more 
than  five  days  nor  go  away  beyond  four  myriameters  (eight 
common  leagues)  from  the  place  of  the  residence  of  the  Di- 
rectory without  the  authorisation  of  the  Legislative  Body. 

165.  The  members  of  the  Directory,  when  engaged  in  the 
exercise  of  their  functions,  whether  upon  the  outside  or  with- 
in the  interior  of  their  residences,  can  appear  only  in  the 
costume  which  is  appropriate  for  them. 

166.  The  Directory  has  its  guard,  paid  and  clothed  at  the 
expense  of  the  Republic,  composed  of  one  hundred  and  twen- 
ty infantry  and  one  hundred  and  twenty  cavalry. 

167.  The  Directory  is  accompanied  by  its  guard  in  the 
public  ceremonies  and  processions,  where  it  has  always  the 
first  rank. 

168.  Each  member  of  the  Directory  when  abroad  is  ac- 
companied by  two  guards. 

169.  Every  army  post  owes  to  the  Directory  and  to  each 
of  its  members  the  higher  military  honors. 


CONSTITUTION  OF  THE  YEAR  III 


233 


170.  The  Directory  has  four  messengers  of  state  whom  it 
appoints  and  whom  it  can  dismiss. 

They  carry  to  the  two  legislative  Councils  the  letters  and 
memoirs  of  the  Directory;  they  have  entrance  for  that  purpose 
into  the  place  of  the  sittings  of  the  legislative  Councils. 

They  go  preceded  by  two  ushers. 

171.  The  Directory  resides  in  the  same  commune  as  the 
Legislative  Body. 

172.  The  members  of  the  Directory  are  lodged  at  the  ex- 
pense of  the  Republic  and  in  a single  edifice. 

173.  The  compensation  of  each  of  them  for  each  year  is 
fixed  at  the  value  of  fifty  thousand  myriagrammes  of  wheat 
(ten  thousand  two  hundred  and  twenty-two  quintals). 

TITLE  VII.  ADMINISTRATIVE  AND  MUNICIPAL  BODIES. 

174.  There  is  in  each  department  a central  administration 
and  in  each  canton  at  least  one  municipal  administration. 

175.  Every  member  of  a department  or  municipal  ad- 
ministration shall  be  at  least  twenty-five  years  of  age. 

176.  The  ancestor  and  the  descendant  in  the  direct  line, 
brothers,  uncle  and  nephew,  and  those  related  by  marriage 
in  the  same  degrees,  cannot  be  at  the  same  time  members  of 
the  same  administration,  nor  can  they  succeed  them  until 
after  an  interval  of  two  years. 

177.  Each  department  administration  is  composed  of  five 
members ; it  is  renewed  by  a fifth  each  year. 

178.  Every  commune  whose  population  runs  from  five 
thousand  to  a hundred  thousand  inhabitants  has  a municipal 
administration  of  its  own.  ' 

179.  There  are  in  every  commune  whose  population  is  less 
than  five  thousand  inhabitants  a municipal  agent  and  an  as- 
sistant. 

180.  The  body  of  municipal  agents  of  each  commune  forms 
the  municipality  of  each  canton. 

181.  There  is,  moreover,  chosen  in  every  canton  a presi- 
dent of  the  municipal  administration. 

182.  In  the  communes  whose  population  runs  from  five 
to  ten  thousand  inhabitants  there  are  five  municipal  officers ; 

Seven  for  ten  thousand  to-  fifty  thousand ; 

Nine  for  fifty  thousand  to  one  hundred  thousand. 

183.  In  the  communes  whose  population  exceeds  one 


234 


CONSTITUTION  OF  THE  YEAR  III 


hundred  thousand  there  are  at  least  three  municipal  admin- 
istrations. 

In  these  communes  the  division  of  the  municipalities  is 
made  in  such  a manner  that  the  population  of  the  district  of 
each  does  not  exceed  fifty  thousand  persons  and  is  not  less 
than  thirty  thousand. 

The  municipality  of  each  district  is  composed  of  seven 
members. 

184.  There  is,  in  the  communes  which  are  divided  into  sev- 
eral municipalities,  a central  bureau  for  the  subjects  consid- 
ered indivisible  by  the  Legislative  Body. 

This  bureau  is  composed  of  three  members  appointed  by 
the  department  administration  and  confirmed  by  the  executive 
power. 

185.  The  members  of  every  municipal  administration  are 
appointed  for  two  years  and  renewed  each  year  by  half  or  the 
part  nearest  a half,  and  by  the  larger  and  the  smaller  fraction 
alternately. 

186.  The  department  administrators  and  the  members  of 
the  municipal  administrations  can  be  re-elected  once  without 
an  interval. 

187.  Any  citizen  who  has  been  elected  department  admin- 
istrator or  member  of  a municipal  administration  twice  in 
succession  and  who  has  discharged  the  duties  in  virtue  of 
both  elections  cannot  be  elected  again  until  after  an  interval 
of  two  years. 

188.  In  case  a department  or  municipal  administration 
should  lose  one  or  several  of  its  members  by  death,  resigna- 
tion, or  otherwise,  the  remaining  administrators  in  filling  the 
places  can  add  to  themselves  temporary  administrators  who 
act  in  that  capacity  until  the  following  elections. 

189.  The  department  and  municipal  administrators  can- 
not alter  the  acts  of  the  Legislative  Body  nor  those  of  the 
Executive  Directory,  nor  suspend  the  execution  of  them. 

They  cannot  meddle  with  matters  belonging  to  the  judic- 
ial body. 

190.  The  administrators  are  particularly  charged  with  the 
apportionment  of  the  direct  taxes  and  with  surveillance  over 
the  monies  accruing  from  the  public  revenues  in  their  terri- 
tory. 


CONSTITUTION  OF  THE  YEAR  III 


235 


The  Legislative  Body  determines  the  regulations  and  the 
method  of  their  functions  upon  these  subjects  as  well  as  upon 
other  parts  of  the  internal  administration. 

191.  The  Executive  Directory  appoints  over  each  depart- 
ment and  municipal  administration  a commissioner  whom  it 
recalls  when  it  deems  expedient. 

This  commissioner  watches  over  and  requires  the  execu- 
tion of  the  laws. 

192.  The  commissioner  for  each  local  administration  shall 
be  taken  from  among  the  citizens  domiciled  for  a year  past  in 
the  department  where  that  administration  is  established. 

He  must  be  at  least  twenty-five  years  of  age. 

193.  The  municipal  administrations  are  subordinate  to  the 
department  administrations  and  these  to  the  ministers. 

In  consequence,  the  ministers  can  annul,  each  on  his  part, 
the  acts  of  the  department  administrations,  and  these  the  acts 
of  the  municipal  administrations,  when  these  acts  are  contrary 
to  the  laws  or  the  orders  of  the  higher  authorities. 

194.  The  ministers  can  also  suspend  the  department  ad- 
ministrations which  have  contravened  the  laws  or  the  orders 
of  the  higher  authorities,  and  the  department  administrators 
have  the  same  right  with  respect  to  the  members  of  the  muni- 
cipal administrations. 

195.  No  suspension  or  annulment  becomes  definitive  with- 
out the  formal  confirmation  of  the  Executive  Directory. 

196.  The  Directory  can  also  annul  directly  the  acts  of  de- 
partment or  municipal  administrations. 

It  can  also  suspend  or  dismiss  directly  when  it  thinks 
necessary  either  the  department  or  the  canton  administrators 
and  send  them  before  the  tribunals  of  the  department  when 
there  is  occasion. 

197.  Every  order  providing  for  the  annulment  of  acts,  sus- 
pension, or  dismissal  of  an  administrator  must  include  a state- 
ment of  the  reasons. 

198.  When  five  members  of  a department  administration 
are  dismissed  the  Executive  Directory  provides  for  their  re- 
placement until  the  following  election ; but  it  can  choose  their 
substitutes  only  from  among  the  former  administrators  of  the 
same  department. 

199.  The  administrations,  whether  department  or  canton, 
can  correspond  among  themselves  only  upon  the  matters  as- 


236 


CONSTITUTION  OF  THE  YEAR  III 


signed  to  them  by  the  law  and  not  upon  the  general  interests 
of  the  Republic. 

200.  Every  administration  shall  annually  render  an  ac- 
count of  its  management. 

The  reports  rendered  by  the  department  administrations  are 
to  be  printed. 

201.  All  the  acts  of  the  administrative  bodies  are  made 
public  by  the  deposit  of  the  register  wherein  they  are  recorded, 
which  is  open  to  all  persons  under  the  administration. 

This  register  is  closed  every  six  months  and  is  deposited 
only  from  the  day  that  it  has  been  closed. 

The  Legislative  Body  can  postpone,  according  to  circum- 
stances, the  day  fixed  for  this  deposit. 

TITLE  VIII.  JUDICIAL  POWER. 

General  Provisions. 

202.  The  judicial  functions  cannot  be  exercised  by  the 
Legislative  Body  nor  by  the  executive  power. 

203.  The  judges  cannot  interfere  in  the  exercise  of  the 
legislative  power  nor  make  any  regulation. 

They  cannot  stop  or  suspend  the  execution  of  any  law  nor 
cite  before  them  the  administrators  on  account  of  their  func- 
tions. 

204.  No  one  can  be  deprived  of  the  judges  that  the  law 
assigns  to  him  by  any  commission  nor  by  other  authorities 
than  those  which  are  fixed  by  a prior  law. 

205.  Justice  is  rendered  gratuitously. 

206.  The  judges  cannot  be  dismissed  except  for  legally 
pronounced  forfeiture,  nor  suspended  except  by  an  accepted 
accusation. 

207.  The  ancestor  and  the  descendant  in  the  direct  line, 
brothers,  uncle  and  nephew,  cousins  of  the  first  degree,  and 
those  related  by  marriage  in  these  various  degrees,  cannot  be 
at  the  same  time  members  of  the  same  tribunal. 

208.  The  sittings  of  the  tribunals  are  public;  the  judges 
deliberate  in  secret;  the  judgments  are  pronounced  orally; 
they  include  a statement  of  reasons  and  in  them  is  set  forth 
the  terms  of  the  law  applied. 

209.  No  citizen,  unless  he  is  fully  thirty  years  of  age,  can 
be  elected  judge  of  a department  tribunal,  or  justice  of  the 
peace,  or  assessor  of  a justice  of  the  peace,  or  judge  of  a tri- 


CONSTITUTION  OP  THE  YEAR  III 


237 


bunal  of  commerce,  or  member  of  the  tribunal  of  cassation,  or 
juror,  or  commissioner  of  the  Executive  Directory  before  the 
tribunals. 

Of  Civil  Justice. 

210.  The  right  to  have  differences  passed  upon  by  arbitra- 
tors chosen  by  the  parties  cannot  be  impaired. 

21 1.  The  decision  of  these  arbitrators  is  without  appeal 
and  without  recourse  in  cassation,  unless  the  parties  have 
expressly  reserved  it. 

212.  There  are  in  each  district  fixed  by  law  a justice  of 
the  peace  and  his  assessors. 

They  are  all  elected  for  two  years  and  can  be  immediately 
and  indefinitely  re-elected. 

213.  The  law  determines  the  matters  over  which  the  jus- 
tices of  the  peace  and  the  assessors  have  jurisdiction  in  the 
last  resort. 

It  assigns  to  them  the  others  over  which  they  pronounce 
judgment  subject  to  appeal. 

214.  There  are  special  tribunals  for  land  and  maritime 
commerce ; the  law  fixes  the  places  where  it  is  permissible  to 
establish  them. 

Their  power  to  pronounce  judgment  in  tfie  last  resort  can- 
not be  extended  beyond  the  value  of  five  hundred  myriagrams 
of  wheat  (a  hundred  and  two  quintals,  twenty-two  pounds). 

215.  Cases  of  which  the  trial  belongs  neither  to  the 
justices  of  the  peace  nor  to  the  tribunals  of  commerce, 
either  in  the  last  resort  or  subject  to  appeal,  are  brought 
directly  before  the  justice  of  the  peace  and  his  assessors  in 
order  to  be  conciliated. 

If  the  justice  of  the  peace  cannot  conciliate  them,  he  sends 
them  before  the  civil  tribunal. 

216.  There  is  one  civil  tribunal  per  department. 

Each  civil  tribunal  is  composed  of  twenty  judges  at  least, 
one  commissioner  and  one  substitute  appointed  and  removable 
by  the  Executive  Directory,  and  one  recorder. 

The  election  of  all  the  members  of  a tribunal  takes  place 
every  five  years. 

The  judges  can  be  re-elected. 

217.  At  the  time  of  the  election  of  the  judges  five  substi- 
tutes are  selected,  three  of  whom  are  taken  from  among  the 


238 


CONSTITUTION  OF  THE  YEAR  III 


citizens  residing  in  the  commune  where  the  tribunal  sits. 

218.  The  civil  tribunal  pronounces  in  the  last  resort,  in 
the  cases  determined  by  law,  upon  appeals  from  judgments, 
either  of  the  justices  of  the  peace,  or  of  the  arbitrators,  or 
of  the  tribunals  of  commerce. 

219.  The  appeal  from  the  judgments  pronounced  by  the 
civil  tribunal  goes  to  the  civil  tribunal  of  one  of  the  three 
nearest  departments,  as  is  determined  by  law. 

220.  The  civil  tribunal  is  divided  into  sections. 

A section  with  less  than  five  judges  cannot  pronounce 
judgment. 

221.  The  assembled  judges  in  each  tribunal  select  among 
themselves  by  secret  ballot  the  president  of  each  section. 

Of  Correctional  and  Criminal  Justice- 

222.  No  one  can  be  seized  except  in  order  to  be  brought 
before  the  officer  of  police;  and  no  one  can  be  put  under  ar- 
rest or  detained  except  in  virtue  of  a warrant  of  arrest  from 
the  officers  of  police  or  from  the  Executive  Directory,  in  the 
case  of  article  145,  or  an  order  of  arrest  either  from  a tribunal 
or  the  foreman  of  the  jury  of  accusation,  or  of  a decree  of  ac- 
cusation from  the  Legislative  Body  in  the  case  where  it  has 
authority  to  pronounce,  or  of  a judicial  judgment  of  con- 
demnation to  prison  or  correctional  detention. 

223.  In  order  that  the  warrant  which  orders  the  arrest 
may  be  executed,  it  is  necessary: 

1st.  That  it  set  forth  formally  the  cause  for  the  arrest  and 
the  law  in  conformity  with  which  it  is  ordered ; 

2d.  That  it  has  been  made  known  to  the  one  who  is  the 
subject  of  it  and  that  he  has  been  left  a copy  thereof. 

224.  Every  person  seized  and  brought  before  the  officer  of 
police  shall  be  examined  immediately  or  within  a day  at  the 
latest. 

225.  If  the  examination  discloses  that  there  is  no  matter 
for  inculpation  against  him,  he  shall  be  put  at  liberty  at  once; 
or,  if  there  is  occasion  to  send  him  to  jail,  he  shall  be  brought 
there  within  the  shortest  period  possible,  which  in  any  case 
shall  not  exceed  three  days. 

226.  No  arrested  person  can  be  detained,  if  he  gives  suf- 
ficient bail,  in  any  of  the  cases  where  the  law  permits  him  to 
remain  free  under  bail. 


239 


v '(j  v 

CONSTITUTION  OF  THE  YEAR  III 

22 7.  No  person,  in  a case  in  which  his  detention  is  author- 
ised by  the  law,  can  be  brought  to  or  detained  except  in  the 
places  legally  and  publicly  designated  to  serve  for  jails,  court 
houses,  or  houses  of  detention. 

228.  No  custodian  or  jailer  can  receive  or  retain  any 
person  except  in  virtue  of  a warrant  of  arrest  according  to  the 
forms  prescribed  by  articles  222  and  223,  an  order  for  the  tak- 
ing of  the  body,  a decree  of  accusation,  or  a judicial  decision 
of  condemnation  to  prison  or  correctional  detention,  and  un- 
less the  transcript  of  it  has  been  entered  upon  his  register. 

229.  Every  custodian  or  jailer  is  required,  without  any  or- 
der being  able  to  dispense  therewith,  to  present  the  detained 
person  to  the  civil  officer  having  the  police  of  the  house  of 
detention,  whenever  he  shall  be  so  required  by  that  officer. 

230.  Production  of  the  detained  person  cannot  be  refused 
to  his  relatives  and  friends  who  are  bearers  of  an  order  of  the 
civil  officer,  who  shall  always  be  required  to  accord  it,  unless 
the  custodian  or  jailer  presents  an  order  of  the  judge,  tran- 
scribed upon  his  register,  to  keep  the  arrested  person  in  secret. 

231.  Any  man,  whatever  his  place  or  employment,  other 
than  those-to  whom  the  law  has  given  the  right  of  arrest,  who 
shall  give,  sign,  execute  or  cause  to  be  executed  an  order  for 
the  arrest  of  any  person,  or  whoever,  even  in  the  case  of  an 
arrest  authorised  by  the  law,  shall  bring  to,  receive,  or  detain 
a person  in  a place  of  detention  not  publicly  and  legally  desig- 
nated, and  all  custodians  or  jailers  who  shall  contravene  the 
provisions  of  the  three  preceding  articles,  shall  be  guilty  of 
the  crime  of  arbitrary  imprisonment. 

232.  All  severities  employed  in  arrests,  detentions,  or  ex- 
ecutions, other  than  those  prescribed  by  the  law,  are  crimes. 

233.  In  each  department  there  are  at  least  three  and  not 
more  than  six  correctional  tribunals  for  the  trial  of  offences 
for  which  the  punishment  is  neither  afflictive  nor  infamous. 

These  tribunals  cannot  pronounce  penalties  more  severe 
than  imprisonment  for  two  years. 

Jurisdiction  over  offences  for  which  the  penalty  does  not 
exceed  the  value  of  three  days  of  labor  or  imprisonment  for 
three  days  is  delegated  to  the  justice  of  the  peace,  who  pro- 
nounces in  the  last  resort. 

234.  Each  correctional  tribunal  is  composed  of  a president, 
two  justices  of  the  peace  or  assessors  of  justices  of  the  peace 


240 


CONSTITUTION  OF  THE  YEAR  III 


of  the  commune  where  it  is  established,  a commissioner  of  the 
executive  power,  and  a recorder. 

235.  The  president  of  each  correctional  tribunal  is  taken 
every  six  months  and  in  turn  from  among  the  members  of 
the  sections  of  the  civil  tribunal  of  the  department,  the  presi- 
dents excepted. 

236.  There  is  an  appeal  from  the  judgment  of  the  correc- 
tional tribunal  before  the  department  criminal  tribunal. 

237.  In  the  matter  of  offences  involving  afflictive  or  in- 
famous punishment,  no  person  can  be  tried  except  upon  an  ac- 
cusation accepted  by  the  jurors  or  decreed  by  the  Legislative 
Body,  in  case  it  belongs  to  that  body  to  decree  accusation. 

238.  A first  jury  declares  whether  the  accusation  ought  to 
be  accepted  or  rejected:  the  facts  are  passed  upon  by  a second 
jury,  and  the  penalty  fixed  by  the  law  is  applied  by  the  crim- 
inal tribunals. 

239.  The  jurors  vote  only  by  secret  ballot. 

240.  There  are  in  each  department  as  many  accusation 
juries  as  there  are  correctional  tribunals. 

The  presidents  of  the  correctional  tribunals  are  the  fore- 
men thereof,  each  in  his  own  district. 

In  the  communes  of  over  fifty  thousand  souls  there  can  be 
established  by  law,  besides  the  president  of  the  correctional 
tribunal,  as  many  foremen  of  accusation  juries  as  the  transac- 
tion of  business  shall  require. 

241.  The  functions  of  commissioner  of  the  executive  power 
and  recorder  for  the  foreman  of  the  accusation  jury  are  dis- 
charged by  the  commissioner  and  recorder  of  the  correctional 
tribunal. 

242.  Each  foreman  of  the  accusation  jury  has  the  immedi- 
ate surveillance  over  all  the  police  officers  of  his  district. 

243.  The  foreman  of  the  accusation  jury  as  police  officer, 
on  account  of  the  denunciations  made  to  him  by  the  public 
accuser,  whether  ex-officio  or  in  accordance  with  the  orders. 
of  the  Executive  Directory,  immediately  prosecutes : 

1st.  Attempts  against  the  liberty  or  personal  security  of  the 
citizens ; 

2d.  Those  committed  against  the  laws  of  nations ; 

3d.  Resistance  to  the  execution  of  the  judicial  decisions  or 
any  of  the  executive  acts  emanating  from  the  constituted  au- 
thorities ; 


CONSTITUTION  OF  THE  YEAR  III 


241 


4th.  Disturbances  caused  and  assaults  committed  in  order 
to  hinder  the  collection  of  taxes  and  the  free  circulation  of 
provisions  and  other  articles  of  commerce. 

244.  There  is  one  criminal  tribunal  for  each  department. 

245.  The  criminal  tribunal  is  composed  of  a president,  a 
public  accuser,  four  judges  taken  from  the  civil  tribunal,  the 
commissioner  of  the  executive  power  before  the  tribunal  or  his 
substitute,  and  a recorder. 

There  is  in  the  criminal  tribunal  of  the  department  of  the 
Seine  a vice-president  and  a substitute  for  the  public  accuser : 
this  tribunal  is  divided  into  two  sections ; eight  members  of 
the  civil  tribunal  discharge  there  the  duties  of  judges. 

246.  The  presidents  of  the  sections  of  the  civil  tribunals 
cannot  fill  the  positions  of  judges  upon  the  criminal  tribunal. 

247.  The  other  judges,  each  in  his  turn  for  six  months 
in  the  order  of  his  appointment,  perform  their  duty  there  and 
they  cannot  discharge  any  functions  in  the  civil  tribunal  during 
that  time. 

248.  The  public  accuser  is  charged : 

1st.  To  prosecute  the  offences  according  to  the  warrants 
of  accusation  accepted  by  the  first  juries; 

2d.  To  transmit  to  the  police  officers  the  denunciations 
which  are  addressed  directly  to  him ; 

3d.  To  watch  over  the  police  officers  of  the  department  and 
to  proceed  against  them,  according  to  the  law,  in  cases  of  neg- 
ligence or  more  serious  acts. 

249.  The  commissioner  of  the  executive  power  is  charged : 

1 st.  To  require  regularity  of  forms  in  the  course  of  the  pro- 
ceedings before  the  decision,  and  the  application  of  the  law. 

2d.  To  obtain  the  execution  of  the  decisions  rendered  by 
the  criminal  tribunal. 

250.  The  judges  cannot  propound  to  the  jurors  any  com- 
plex question. 

231.  The  trial  jury  consists  of  at  least  twelve  jurors:  the 
accused  has  the  right  to  reject  the  number  of  them  which  the 
law  determines. 

252.  The  proceedings  before  the  trial  jury  are  public  and 
the  accused  cannot  be  denied  the  assistance  of  counsel  whom 
he  has  chosen  or  who  has  been  selected  for  him  ex-officio. 

253.  No  person  acquitted  by  a legal  jury  can  be  re-arrested 
or  accused  for  the  same  offence. 


242 


CONSTITUTION  OP  THE  YEAR  III 


Tribunal  of  Cassation. 

254.  There  is  in  the  whole  Republic  one  Tribunal  of  Cas- 
sation. 

It  decides : 

1st.  Upon  the  petitions  in  cassation  against  the  judicial  de- 
cisions in  the  last  resort  rendered  by  the  tribunals ; 

2d.  Upon  petitions  for  removal  from  one  court  to  another 
on  account  of  legitimate  suspicion  or  public  security ; 

3d.  Upon  the  orders  of  judges  and  the  complaints  of  par- 
tiality of  a whole  court. 

255.  The  Tribunal  of  Cassation  can  never  have  jurisdic- 
tion over  the  matter  of  the  actions;  but  it  reverses  the  judg- 
ments rendered  upon  proceedings  in  which  the  forms  have 
been  violated  or  which  contain  any  express  contravention  of 
the  law,  and  it  sends  back  the  matter  of  the  suit  to  the  tribunal 
which  shall  have  jurisdiction  therein. 

256.  When  after  one  cassation  the  second  judgment  upon 
the  matter  is  attacked  by  the  same  means  as  the  first,  the  ques- 
tion cannot  be  discussed  again  before  the  Tribunal  of  Cas- 
sation without  having  been  submitted  to  the  Legislative  Body, 
which  provides  a law  to  which  the  Tribunal  of  Cassation  is  re- 
quired to  conform  itself. 

257.  Each  year  the  Tribunal  of  Cassation  is  required  to 
send  to  each  of  the  sections  -of  the  Legislative  Body  a deputa- 
tion which  presents  to  it  the  list  of  the  judgments  rendered 
with  marginal  notes  and  the  text  of  the  laws  which  have  de- 
termined the  judgment. 

258.  The  number  of  the  judges  of  the  Tribunal  of  Cas- 
sation cannot  exceed  three-fourths  of  the  number  of  the  de- 
partments. 

259.  This  tribunal  is  renewed  every  year  by  a fifth. 

The  electoral  assemblies  of  the  departments  select  succes- 
sively and  alternately  the  judges  who  shall  replace  those  who 
retire  from  the  Tribunal  of  Cassation. 

The  judges  of  this  tribunal  can  always  be  re-elected. 

260.  Each  judge  of  the  Tribunal  of  Cassation  has  a substi- 
tute elected  by  the  same  electoral  assembly. 

261.  There  are  before  the  Tribunal  of  Cassation  a com- 
missioner and  substitutes  appointed  and  removable  by  the  Ex- 
ecutive Directory. 


CONSTITUTION  OF  THE  YEAR  III 


24? 


262.  The  Executive  Directory  informs  the  Tribunal  of 
Cassation,  by  means  of  its  commissioner  and  without  pre- 
judice to  the  right  of  the  interested  parties,  of  the  acts  in 
which  the  judges  have  exceeded  their  powers. 

263.  The  Tribunal  annuls  these  acts ; and  if  they  give  cause 
for  forfeiture  the  fact  is  announced  to  the  Legislative  Body, 
which  renders  the  decree  of  accusation,  after  having  heard 
or  summoned  the  accused. 

264.  The  Legislative  Body  can  annul  the  judgments  of  the 
Tribunal  of  Cassation,  reserving  the  personal  prosecution  of 
the  judges  who  may  have  incurred  forfeiture. 

High  Court  of  Justice. 

265.  There  is  a High  Court  of  Justice  to  try  the  accusa- 
tions accepted  by  the  Legislative  Body  against  either  its  own 
members  or  those  of  the  Executive  Directory. 

266.  The  High  Court  of  Justice  is  composed  of  five  judges 
and  two  national  accusers  drawn  from  the  Tribunal  of  Cas- 
sation and  of  high  jurors  selected  by  the  electoral  assemblies 
of  the  departments. 

267.  The  High  Court  of  Justice  constitutes  itself  only 
in  virtue  of  a proclamation  of  the  Legislative  Body  drawn  up 
and  published  by  the  Council  of  the  Five  Hundred. 

268.  It  constitutes  itself  and  holds  its  sittings  in  the  place 
designated  by  the  proclamation  of  the  Council  of  the  Five 
Hundred. 

This  place  cannot  be  nearer  than  twelve  myriameters  to 
that  where  the  Legislative  Body  resides. 

269.  When  the  Legislative  Body  has  proclaimed  the  form- 
ation of  the  High  Court  of  Justice,  the  Tribunal  of  Cassation 
in  a public  sitting  draws  by  lot  fifteen  of  its  members ; it  se- 
lects in  the  same  sitting  five  of  these  fifteen,  one  after  another, 
by  means  of  secret  ballot:  the  five  judges  thus  selected 
are  the  judges  of  the  High  Court  of  Justice;  they  choose  a 
president  from  among  themselves. 

270.  The  Tribunal  of  Cassation  selects  by  ballot,  in  the 
same  sitting  and  by  majority,  two  of  its  members  to  discharge 
for  the  High  Court  of  Justice  the  functions  of  national  ac- 
cusers. 

271.  The  bills  of  accusation  are  drawn  up  and  put  into 
form  by  the  Council  of  the  Five  Hundred. 


244 


CONSTITUTION  OF  THE  YEAR  III 


272.  The  electoral  assemblies  of  each  department  select 
every  year  a jury  for  the  High  Court  of  Justice. 

273.  The  Executive  Directory  causes  to  be  printed  and 
published,  one  month  after  the  date  of  the  elections,  the  list 
of  the  jurors  appointed  by  the  High  Court  of  Justice. 

TITLE  IX.  OF  THE  ARMED  FORCE. 

274.  The  armed  force  is  established  in  order  to  defend  the 
State  against  enemies  from  without  and  to  assure  within  the 
maintenance  of  order  and  the  execution  of  the  laws. 

275.  The  armed  force  is  essentially  obedient:  no  armed 
body  can  deliberate. 

276.  It  is  divided  into  the  reserve  National  Guard  and  the 
active  National  Guard. 

Of  the  Reserve  National  Guard. 

277.  The  reserve  National  Guard  is  composed  of  all  citi- 
zens and  sons  of  citizens  in  condition  to  bear  arms. 

278.  Its  organization  and  its  discipline  are  the  same  for 
the  whole  Republic;  they  are  fixed  by  the  law. 

279.  No  Frenchman  can  exercise  the  rights  of  citizenship 
if  he  is  not  registered  upon  the  roll  of  the  reserve  National 
Guard. 

280.  The  distinctions  of  rank  and  subordination  exist 
there  only  in  relation  to  the  service  and  during  its  continuance. 

281.  The  officers  of  the  reserve  National  Guard  are  elected 
at  stated  times  by  the  citizens  who  compose  it  and  can  be  re- 
elected only  after  an  interval. 

282.  The  command  of  the  National  Guard  of  an  entire 
department  cannot  be  entrusted  ordinarily  to  a single  citizen. 

283.  If  it  is  deemed  necessary  to  assemble  the  whole  Na- 
tional Guard  of  a department,  the  Executive  Directory  can 
appoint  a temporary  commander. 

284.  The  command  of  the  reserve  National  Guard  in  a city 
of  a hundred  thousand  and  upwards  cannot  ordinarily  be  en- 
trusted to  a single  man. 

Of  the  Active  National  Guard. 

285.  The  Republic  maintains  in  its  pay,  even  in  time  of 
peace,  under  the  name  of  the  Active  National  Guards,  an  army 
and  a navy. 


CONSTITUTION  OF  THE  YEAR  III 


245 


286.  The  army  is  formed  by  voluntary  enlistment,  and  in 
case  of  need,  by  the  method  which  the  law  determines. 

287.  No  foreigner  who  has  not  acquired  the  rights  of 
French  citizenship  can  be  admitted  into  the  French  armies, 
unless  he  has  made  one  or  more  campaigns  for  the  establish- 
ment of  the  Republic. 

288.  The  commanders  or  heads  of  the  army  or  navy  are 
appointed  only  in  case  of  war.  They  receive  from  the  Direc- 
tory commissions  revocable  at  will.  The  duration  of  these 
commissions  is  confined  to  one  campaign ; but  they  can  be  con- 
tinued. 

289.  The  command  of  the  armies  of  the  Republic  cannot 
be  confided  to  a single  man. 

290.  The  army  and  navy  are  subject  to  special  laws  for 
discipline,  for  the  form  of  trials,  and  for  the  nature  of  the  pen- 
alties. 

291.  No  part  of  the  reserve  National  Guard  or  of  the 
active  National  Guard  can  act  in  the  internal  service  of  the 
Republic  except  upon  the  written  requisition  of  the  civil  au- 
thority in  the  forms  prescribed  by  the  law. 

292.  The  public  force  cannot  be  requisitioned  by  the  civil 
authorities  except  within  the  extent  of  their  territory ; it  can- 
not be  transported  from  one  canton  into  another,  without 
this  being  authorised  by  the  administration  of  the  department, 
nor  from  one  department  into  another  without  the  orders  of 
the  Executive  Directory. 

293.  Nevertheless,  the  Legislative  Body  determines  the 
methods  to  secure  by  the  armed  force  the  execution  of  the 
judicial  decisions  and  the  prosecution  of  the  accused  upon  all 
the  French  territory. 

294.  In  case  of  imminent  danger  the  municipal  administra- 
tion of  the  canton  can  make  requisition  upon  the  National 
Guard  of  the  neighboring  cantons ; in  this  case  the  adminis- 
tration which  has  made  requisition  and  the  leaders  of  the  Na- 
tional Guards  who  have  been  requisitioned  are  likewise  re- 
quired to  make  instant  report  of  it  to  the  department  ad- 
ministration. 

295.  No  foreign  troops  can  be  introduced  upon  French  ter- 
ritory without  the  previous  consent  of  the  Legislative  Body. 


246 


CONSTITUTION  OP  THE  YEAR  III 


TITLE  X.  PUBLIC  INSTRUCTION. 

296.  There  are  in  the  Republic  primary  schools  where  the 
pupils  may  learn  reading,  writing,  the  elements  of  computation 
and  those  of  morality.  The  Republic  provides  for  the  expense 
of  the  lodgings  of  the  instructors  who  preside  over  these 
schools. 

297.  There  are  in  the  different  parts  of  the  Republic 
schools  higher  than  the  primary  schools,  the  number  of  which 
shall  be  such  that  there  shall  be  at  least  one  of  them  for  every 
two  departments. 

298.  There  is. for  the  whole  Republic  a National  Institute 
charged  with  the  collection  of  discoveries  and  the  perfecting  of 
the  arts  and  sciences. 

299.  The  dilferent  establishments  of  public  instruction 
have  between  them  no  relation  of  subordination  nor  of  ad- 
ministrative correspondence. 

300.  Citizens  have  the  right  to  form  private  establishments 
for  education  and  instruction  as  well  as  free  societies  to  pro- 
mote the  progress  of  science,  letters,  and  the  arts. 

301.  There  shall  be  national  festivals  established  in  order 
to  maintain  fraternity  among  the  citizens  and  to  attach  them 
to  the  Constitution,  the  fatherland,  and  the  laws. 

TITLE  XI.  TAXES. 

Taxes. 

302.  The  public  taxes  are  considered  and  fixed  each  year 
by  the  Legislative  Body.  The  imposition  of  them  belongs  to 
it  alone.  They  cannot  continue  more  than  one  year  unless 
they  are  expressly  renewed. 

303.  The  Legislative  Body  can  create  any  kind  of  tax  that 
it  shall  believe  necessary ; but  it  shall  establish  each  year  a 
land  tax  and  a personal  property  tax. 

304.  Every  person,  who,  not  being  included  in  the  case  of 
articles  12  and  13  of  the  Constitution,  has  not  been  included 
on  the  roll  of  the  direct  taxes,  has  the  right  to  present  hirnself 
to  the  municipal  administration  of  his  commune  and  to  be  en- 
rolled there  for  a personal  tax  equal  to  the  local  value  of  three 
days  of  agricultural  labor. 

305.  The  registration  mentioned  in  the  preceding  article 
can  be  effected  only  in  the  month  of  Messidor  of  each  year. 


CONSTITUTION  OF  THE  YEAR  III 


247 


306.  Taxes  of  every  sort  are  apportioned  among  those 
liable  for  taxes  in  accordance  with  their  means. 

307.  The  Executive  Directory  directs  and  watches  over  the 
collection  and  the  deposit  of  the  taxes  and  gives  all  the  or- 
ders necessary  for  that  purpose. 

308.  The  detailed  accounts  of  the  expenditure  of  the  min- 
isters, signed  and  certified  by  them,  are  made  public  at  the 
commencement  of  each  year. 

The  same  thing  shall  be  done  for  the  lists  of  receipts  for 
the  different  taxes  and  all  the  public  revenues. 

309.  The  accounts  of  these  expenses  and  receipts  are  dis- 
tinguished according  to  their  nature ; they  show  the  sums  re- 
ceived and  expended  year  by  year  in  each  part  of  the  general 
administration. 

310.  Th.e  accounts  of  the  special  expenses  of  the  depart- 
ments and  those  which  relate  to  the  tribunals,  administrations, 
the  progress  of  the  sciences,  and  all  public  works  and  estab- 
lishments are  likewise  published. 

31 1.  The  department  administrations  and  the  municipal- 
ities cannot  make  any  assessment  beyond  the  sums  fixed  by  the 
Legislative  Body,  nor,  without  being  authorised  by  it,  consider 
or  allow  any  local  loan  at  the  expense  of  the  citizens  of  the 
department,  commune  or  canton. 

312.  The  right  to  regulate  the  manufacture  and  issue  of 
every  sort  of  monies,  to  fix  the  values  and  weights  thereof, 
and  to  determine  the  type  thereof,  belongs  to  the  Legislative 
Body  alone. 

313.  The  Executive  Directory  watches  over  the  manufac- 
ture of  the  monies  and  appoints  the  officers  charged  with  the 
immediate  conduct  of  this  inspection. 

314.  The  Legislative  Body  determines  the  taxes  of  the  col- 
onies and  their  commercial  relations  with  the  mother  country. 

National  Treasury  and  Book-keeping. 

315.  There  are  five  commissioners  of  the  National  Treas- 
ury elected  by  the  Council  of  Ancients  from  a triple  list  pre- 
sented by  that  of  the  Five  Hundred. 

316.  The  duration  of  their  functions  is  five  years : one  of 
them  is  renewed  every  year  and  can  be  re-elected  indefinitely 
without  interval. 


248 


CONSTITUTION  OF  THE  YEAR  III 


317.  The  commissioners  of  the  Treasury  are  charged  to 
watch  over  the  receipt  of  all  the  national  monies ; 

To  order  the  movements  of  funds  and  the  payment  of  all 
the  public  expenses  consented  to  by  the  Legislative  Body; 

To  keep  an  open  expense  and  receipt  account  with  the  re- 
ceiver of  the  direct  taxes  of  each  department,  with  the  differ- 
ent national  customs-administrations,  and  with  the  paymasters 
who  may  be  established  in  the  departments ; 

To  maintain  with  the  said  receivers  and  paymasters,  with 
the  customs-administrations,  the  correspondence  necessary  to 
secure  exact  and  regular  returns  regarding  the  funds. 

318.  Under  penalty  of  forfeiture  they  cannot  make  any 
payment  except  in  virtue : 

1st.  Of  a decree  of  the  Legislative  Body  and  to  the  amount 
of  the  funds  decreed  by  it  for  each  purpose ; 

2d.  Of  a decision  of  the  Directory; 

3d.  Of  the  signature  of  the  minister  who  orders  the  expen- 
diture. 

319.  Under  penalty  of  forfeiture  also,  they  cannot  approve 
any  payment,  unless  the  warrant,  signed  by  the  minister  whom 
that  kind  of  expenditure  concerns,  sets  forth  the  date  of  the 
decision  of  the  Executive  Directory  as  well  as  of  the  decrees 
of  the  Legislative  Body  which  authorise  the  payment. 

320.  The  receivers  of  the  direct  taxes  in  each  department, 
the  different  national  customs-administrations  and  the  pay- 
masters in  the  departments  remit  to  the  National  Treasury 
their  respective  reports : the  Treasury  verifies  and  allows  them. 

321.  There  are  five  commissioners  of  the  national  book- 
keeping, elected  by  the  Legislative  Body  at  the  same  dates  and 
according  to  the  same  forms  and  conditions  as  the  commis- 
sioners of  the  Treasury. 

322.  The  general  report  of  the  receipts  and  expenditures 
of  the  Republic,  supported  by  the  special  reports  and  the 
vouchers,  is  presented  by  the  commissioners  of  the  Treasury 
to  the  commissioners  of  the  book-keeping,  who  verify  and 
allow  it. 

323.  The  commissioners  of  the  book-keeping  give  inform- 
ation to  the  Legislative  Body  of  the  abuses,  defalcations,  and 
all  cases  of  responsibility  which  they  discover  in  the  course  of 
their  operations ; they  propose  on  their  part  the  measures  suit- 
able to  the  interests  of  the  Republic. 


CONSTITUTION  OF  THE  YEAR  III 


249 


324.  The  result  of  the  accounts  allowed  by  the  commis- 
sioners of  the  book-keeping  is  printed  and  made  public. 

325.  The  commissioners,  both  of  the  National  Treasury 
and  of  the  book-keeping,  cannot  be  suspended  or  removed 
except  by  the  Legislative  Body. 

But  during  the  adjournment  of  the  Legislative  Body  the 
Executive  Directory  can  provisionally  suspend  and  replace 
the  commissioners  of  the  National  Treasury  to  the  number  of 
two  at  most,  subject  to  the  reference  of  it  to  one  or  the  other 
Council  of  the  Legislative  Body  as  soon  as  they  have  resumed 
their  sittings. 

TITLE  XII.  FOREIGN  RELATIONS. 

326.  War  can  be  declared  only  by  a decree  of  the  Legisla- 
tive Body  upon  the  formal  and  urgent  proposal  of  the  Exec 
utive  Directory. 

327.  The  two  Councils  unite  in  the  usual  forms  upon  the 
decree  by  which  war  is  declared. 

328.  In  case  of  imminent  or  actually  begun  hostilities,  of 
threats  or  preparations  for  war  against  the  French  Republic, 
the  Executive  Directory  is  required  to  employ,  for  the  defence 
of  the  State,  the  means  placed  at  its  disposal,  subject  to  giv- 
ing information  thereof  without  delay  to  the  Legislative  Body. 

It  can  even  indicate  in  this  case  the  augmentations  of  force 
and  the  new  legislative  measures  which  the  circumstances 
may  require. 

329.  The  Directory  alone  can  maintain  political  relations 
abroad,  conduct  negotiations,  distribute  the  forces  of  the  army 
and  the  navy  as  it  deems  suitable  and  determine  the  direction 
of  them  in  case  of  war. 

330.  It  is  authorised  to  make  preliminary  stipulations  such 
as  armistices  and  neutralizations ; it  can  also  arrange  secret 
conventions. 

331.  The  Executive  Directory  negotiates,  signs  or  causes 
to  be  signed  all  the  treaties  of  peace,  alliance,  truce,  neutral- 
ity, commerce  and  other  conventions  with  foreign  powers 
which  it  deems  necessary  for  the  welfare  of  the  State. 

These  treaties  and  conventions  are  negotiated  in  the  name 
of  the  French  Republic  by  the  diplomatic  agents  appointed  by 
the  Executive  Directory  and  subject  to  its  instructions. 

332.  In  case  a treaty  includes  secret  articles,  the  provis- 


250 


CONSTITUTION  OF  THE  YEAR  III 


ions  of  these  articles  cannot  be  destructive  of  the  open  articles, 
nor  contain  any  alienation  of  the  territory  of  the  Republic. 

333-  Treaties  are  valid  only  after  having  been  examined 
and  ratified  by  the  Legislative  Body ; nevertheless  the  secret 
conditions  can  receive  their  execution  provisionally  from  the 
very  moment  when  they  are  arranged  by  the  Directory. 

334.  Neither  of  the  legislative  Councils  deliberates  over 
war  or  peace  except  in  committee  of  the  whole. 

335.  Foreigners,  whether  established  in  France  or  not, 
inherit  from  their  kinsmen,  whether  French  or  foreign ; they 
can  contract  for,  acquire,  and  receive  estates  situated  in  France 
and  dispose  of  them,  just  as  French  citizens,  by  all  the  means 
authorised  by  law. 

TITLE  XIII.  REVISION  OF  THE  CONSTITUTION. 

336.  If  experience  makes  known  inconveniences  from  any 
articles  of  the  Constitution,  the  Council  of  Ancients  may  pro- 
pose the  revision  of  them. 

337.  The  proposal  of  the  Council  of  Ancients  is  in  this 
case  submitted  for  ratification  to  the  Council  of  the  Five 
Hundred. 

338.  When,  within  a space  of  nine  years,  the  proposal  of 
the  Council  of  Ancients,  ratified  by  the  Council  of  the  Five 
Hundred,  has  been  made  at  three  dates  removed  from  one  an- 
other by  at  least  three  years,  an  assembly  of  revision  is  con 
voked. 

339.  This  assembly  is  formed  of  two  members  per  depart- 
ment, all  elected  in  the  same  manner  as  the  members  of  the 
Legislative  Body  and  meeting  the  same  conditions  as  those 
demanded  for  the  Council  of  Ancients. 

340.  The  Council  of  Ancients  designates,  for  the  meeting 
of  the  assembly  of  revision,  a place  at  least  twenty  myriame- 
ters  distant  from  that  where  the  Legislative  Body  sits. 

341.  The  assembly  of  revision  has  the  right  to  change  the 
place  of  its  residence,  observing  the  distance  prescribed  in 
the  preceding  article. 

342.  The  assembly  of  revision  does  not  exercise  any  leg- 
islative or  governmental  function ; it  confines  itself  to  the 
revision  of  the  articles  alone  which  have  been  designated  by 
the  Legislative  Body. 

343.  All  the  articles  of  the  Constitution,  without  exception, 


CONSTITUTION  OP  THE  YEAR  III 


251 

continue  in  force  until  the  changes  proposed  by  the  assembly 
of  revision  have  been  accepted  by  the  people. 

344.  The  members  of  the  assembly  of  revision  deliberate 
in  common. 

345.  The  citizens  who  are  members  of  the  Legislative 
Body  at  the  moment  when  an  assembly  of  revision  is  con- 
voked cannot  be  elected  members  of  this  assembly. 

346.  The  assembly  of  revision  despatches  directly  to  the 
primary  assemblies  the  project  of  reform  which  it  has  agreed 
upon.  It  is  dissolved  when  this  project  has  been  despatched 
to  them. 

347.  The  duration  of  the  assembly  of  revision  cannot  in 
any  case  exceed  three  months. 

348.  The  members  of  the  assembly  of  revision  cannot 
be  questioned,  accused,  nor  tried  at  any  time  for  what  they 
have  said  or  written  in  the  exercise  of  their  functions. 

During  the  continuance  of  these  functions  they  cannot  be 
put  on  trial  except  by  a decision  of  their  fellow  members  of 
the  assembly  of  revision. 

349.  The  assembly  of  revision  does  not  participate  in 
any  public  ceremony ; its  members  receive  the  same  compen- 
sation as  that  of  the  members  of  the  Legislative  Body. 

350.  The  assembly  of  revision  has  the  right  to  exercise 
or  to  cause  to  be  exercised  the  police  power  in  the  commune 
where  it  resides. 

TITLE  XIV.  GENERAL  PROVISIONS. 

351.  There  exists  among  the  citizens  no  other  superiority 
than  that  of  the  public  functionaries  and  that  only  in  relation 
to  the  exercise  of  their  functions. 

352.  The  law  does  not  recognize  religious  vows  nor  any 
obligation  contrary  to  the  natural  rights  of  man. 

353.  No  one  can  be  prevented  from  speaking,  writing, 
printing,  or  publishing  his  ideas. 

Writings  cannot  be  made  subject  to  any  censorship  before 
their  publication. 

No  one  can  be  held  responsible  for  what  he  has  written 
or  published,  except  in  the  cases  provided  for  by  law. 

354.  No  one  can  be  prevented  from  engaging  in  the  wor- 
ship which  he  has  chosen,  while  he  conforms  to  the  laws. 


252 


CONSTITUTION  OF  THE  YEAR  III 


No  one  can  be  forced  to  contribute  to  the  expenses  of  a 
religion.  The  Republic  does  not  pay  a stipend  to  any  of  them. 

355.  There  is  neither  privilege,  nor  mastership,  nor  jurande, 
nor  limitation  upon  the  liberty  of  the  press,  of  commerce,  and 
the  pursuit  of  industry  and  the  arts  of  every  kind. 

Every  prohibitive  law  of  this  sort,  when  circumstances 
render  it  necessary,  is  essentially  provisional  and  has  elfect 
only  for  one  year  at  most,  unless  it  be  formally  renewed. 

356.  The  law  particularly  watches  over  the  professions 
which  affect  the  public  morals,  the  security  and  the  health  of 
the  citizens ; but  admission  to  the  practice  of  these  professions 
cannot  be  made  dependent  upon  any  pecuniary  payment. 

357.  The  law  shall  provide  for  the  reward  of  inventors 
or  for  the  maintenance  of  an  exclusive  property  in  their  dis- 
coveries or  their  productions. 

358.  The  Constitution  guarantees  the  inviolability  of  all 
properties  or  just  indemnification  for  those  of  which  legally 
established  public  necessity  may  demand  the  sacrifice. 

359.  The  house  of  each  citizen  is  an  inviolable  asylum : 
during  the  night  no  one  has  the  right  to  enter  it  except  in 
the  case  of  fire,  flood,  or  call  from  the  interior  of  the  house. 

During  the  day  the  orders  of  the  constituted  authorities 
can  be  put  into  execution  there. 

No  domiciliary  visit  can  take  place  except  in  virtue  of  a 
law  and  for  the  person  or  object  expressly  designated  in  the 
document  which  orders  the  visit. 

360.  Corporations  or  associations  contrary  to  the  public 
order  cannot  be  formed. 

361.  No  assembly  of  citizens  can  style  itself  a popular 
society. 

362.  No  private  society  occupying  itself  with  political  ques- 
tions can  correspond  with  another,  or  affiliate  with  it,  or 
hold  public  sittings  composed  of  the  members  of  the  society 
and  of  associates  distinguished  from  one  another,  or  impose 
conditions  of  admission  and  eligibility,  or  arrogate  to  itself 
rights  of  exclusion,  or  cause  its  members  to  wear  any  ex- 
ternal sign  of  their  association. 

363.  Citizens  cannot  exercise  their  political  rights  except 
in  the  primary  or  communal  assemblies. 

364.  All  persons  are  free  to  address  petitions  to  the 


CONSTITUTION  OF  THE  YEAR  III 


253 


public  authorities ; but  they  shall  be  individual ; no  association 
can  present  them  collectively,  except  the  constituted  author- 
ities, and  only  for  matters  appropriate  to  -their  province. 

The  petitioners  must  never  forget  -the  respect  due  to  the 
constituted  authorities. 

365.  Every  armed  mob  is  an  attack  upon  the  Constitu- 
tion ; it  shall  be  dispersed  immediately  by  force. 

366.  Every  unarmed  mob  shall  likewise  be  dispersed,  at 
first  by  way  of  verbal  command,  and  if  necessary  by  the 
display  of  armed  force. 

367.  Several  constituted  authorities  can  never  unite  in 
order  to  deliberate  together;  any  document  emanating  from 
such  a meeting  cannot  be  executed. 

368.  No  one  can  wear  distinctive  badges  which  recall 
functions  formerly  exercised  or  services  rendered. 

369.  The  members  of  the  Legislative  Body  and  all  the 
public  functionaries  wear  in  the  discharge  of  their  functions 
the  costume  or  symbol  of  the  authority  with  which  they  are 
invested : the  law  determines  the  form  of  them. 

370.  No  citizen  can  renounce  in  whole  or  in  part  the  com- 
pensation or  salary,  which  is  assigned  to  him  by  law,  on 
account  of  public  functions. 

371.  There  is  uniformity  of  weights  and  measures  in  the 
Republic. 

372.  The  French  era  commences  September  22,  1792,  the 
day  of  the  foundation  of  the  Republic. 

373.  The  French  nation  declares  that  in  any  case  it  will 
not  permit  the  return  of  the  French  who,  having  abandoned 
their  fatherland  since  July  15,  1789,  are  not  included  in  the 
exceptions  contained  in  the  laws  against  the  Emigres ; and  it 
forbids  the  Legislative  Body  to  create  new  exceptions  upon 
this  point. 

The  estates  of  the  Emigres  are  irrevocably  acquired  for 
the  profit  of  the  Republic. 

374.  The  French  nation  likewise  proclaims,  as  a guarantee 
of  the  public  faith,  that  after  a legally  consummated  award 
of  national  lands,  whatever  the  origin  thereof,  the  lawful  ac- 
quirer cannot  be  dispossessed  of  them ; saving  to  third  claim- 
ants, if  there  be  need,  indemnification  by  the  National  Treas- 
ury. 


254 


LAW  AGAINST  PUBLIC  ENEMIES 


375.  None  of  the  powers  instituted  by  the  Constitution 
has  the  right  to  change  it  in  its  entirety  or  in  any  of  its  parts, 
saving  the  reforms  which  can  be  effected  by  way  of  revision 
in  accordance  with  the  provisions  of  title  xm. 

376.  The  citizens  shall  recall  without  ceasing  that  it  is 
upon  the  wisdom  of  the  choices  in  the  primary  and  elec- 
toral assemblies  that  the  duration,  preservation,  and  prosperity 
of  the  Republic  principally  depend. 

377.  The  French  people  entrust  the  safe  keeping  of  the 
present  Constitution  to  the  fidelity  of  the  Legislative  Body; 
the  Executive  Directory,  the  administrators  and  the  judges; 
to  the  vigilance  of  the  fathers  of  families ; to  the  husbaiids 
and  the  mothers ; to  the  affection  of  the  young  citizens ; to  the 
courage  of  all  the  French. 


51.  Law  against  Public  Enemies. 

April  16,  1796  (27  Germinal,  Year  IV),  Duvergier,  Lois,  IX, 
79-80. 

The  period  of  the  Directory  (1795-1799)  was  marked  by  numer- 
ous harsh  measures  against  the  classes  demoninated  public 
enemies.  This  law  shows  soma  of  the  classes  which  were  regarded 
as  public  enemies  and  the  character  of  the  penalties  employed 
against  them.  See  also  No.  56. 

Reference.  Aulard,  Revolution  Francccisc,  580-581. 

i.  All  those  are  guilty  of  crime  against  the  internal  se- 
curity of  the  Republic  and  against  the  personal  security  of  the 
citizens,  and  shall  be  punished  with  death,  in  conformity  with 
article  612  of  the  code  of  offences  and  penalties,  who,  by 
their  discourses  or  by  their  printed  writings,  whether  distrib- 
uted or  posted,  seek  to  effect  the  dissolution  of  the  national 
representation  or  that  of  the  Executive  Directory,  or  the  mur- 
der of  all  or  any  of  the  members  who  compose  them,  or  the 
re-establishment  of  the  monarchy,  or  that  of  the  Constitution 
of  1793,  or  that  of  the  Constitution  of  1791,  or  of  any  govern- 
ment other  than  that  established  by  the  Constitution  of  the 
Year  III,  as  accepted  by  the  French  people,  or  the  invasion 
of  public  properties,  or  the  pillage  or  partition  of  individual 
properties,  under  the  name  of  an  agrarian  law,  or  in  any  other 


manner. 


TREATIES  WITH  THE  POPE 


255 


The  penalty  of  death  mentioned  in  the  present  article  shall 
be  commuted  to  that  of  deportation,  if  the  jury  declares  that 
there  were  extenuating  circumstances  in  the  offence. 

5.  Every  gathering  in  which  provocations  of  the  nature 
of  those  mentioned  in  article  1 are  made  takes  the  character 
of  a seditious  mob 

9.  Every  person  who*  shall  appear  in  public  wearing  a 
■ rallying  symbol  other  than  the  national  cockade  shall  be  ar- 
rested and  punished  with  one  year  of  imprisonment,  by  way  of 
correctional  police. 


52.  Treaties  with  the  Pope. 

In  1796-7  during  the  intervals  between  his  Italian  campaigns 
against  the  Austrians  Napoleon  Bonaparte  turned  his  attention 
to  the  states  of  northern  and  central  Italy.  Some  he  revolution- 
ized. others  he  did  not.  These  documents  show  how  the  states 
which  were  not  revolutionized  were  treated. 

References.  Eyfle,  Modern  Europe,  I,  135-136  (Popular  ed., 
91-92)  ; Fournier,  Napoleon,  84-85,  93-95  ; Rose,  Napoleon,  I,  93- 
95,  125-126  : Sioane,  Napoleon,  I,  211,  260-262  ; Lanfrey,  Napoleon , 
101-104,  124-127,  155-157  ; Lavisse  and  Rambaud,  Histoire  Gen- 
erate, VIII,  436-439. 

A.  Suspension  of  Hostilities.  June  23,  1796  (5  Mes- 
sidor,  Year  IV).  De  Clercq,  Trades,  I,  276-277. 

1.  Wishing  to  give  proof  of  the  regard  which  the  French 
government  has  for  His  Majesty,  the  King  of  Spain,  the 
General-in-Chief  and  the  undersigned  Commissioners  grant 
a suspension  of  hostilities  to  His  Holiness,  dating  from  to-day 
until  five  days  after  the  end  of  the  negotiations  which  are 
about  to  be  entered  upon  at  Paris  for  the  conclusion  of  a 
definitive  peace  between  the  two  States. 

2.  The  Pope  shall  send  as  soon  as  possible  a Plenipoten- 
tiary to  Paris  in  order  to  obtain  from  the  Executive  Direc- 
tory the  definitive  peace,  offering  for  it  the  necessary  repar- 
ations for  outrages  and  losses,  and  especially  the  murder 
of  Basseville  and  the  damages  due  to  his  family. 


256 


TREATIES  WITH  THE  POPE 


3.  All  persons  imprisoned  in  the  States  of  the  Pope  on 
account  of  their  political  opinions  shall  be  immediately  set  at 
liberty  and  their  property  shall  be  restored. 

4.  The  ports  of  the  States  of  the  Pope  shall  be  closed  to 
the  vessels  of  the  Powers  at  war  with  France  and  open  to 
French  vessels. 

5.  The  French  army  shall  continue  to  remain  in  possession 
of  the  legations  of  Bologna  and  Ferrara,  and  shall  evacuate 
that  of  Faenza. 

6.  The  citadel  of  Ancona,  with  its  artillery,  supplies  and 
provisions,  shall  be  put  in  the  hands  of  the  French  army  within 
six  days. 

7.  The  city  of  Ancona  shall  continue  to  remain  under  the 
civil  government  of  the  Pope. 

8.  The  Pope  shall  deliver  to  the  French  Republic  one  hun- 
dred pictures,  busts,  vases  or  statues  at  the  choice  of  the  com- 
missioners who  shall  be  sent  to  Rome,  among  which  articles 
shall  be  particularly  included  the  bronze  bust  of  Junius  Brutus 
and  that  in  marble  of  Marcus  Brutus,  the  two  placed  upon 
the  Capitol,  and  five  hundred  manuscripts  at  the  choice  of  the 
same  commissioners. 

9.  The  Pope  shall  pay  to  the  French  Republic  21 
million  litres  French  money,  of  which  15,500,000  livres 
shall  be  in  specie  or  ingots  of  gold  or  silver  and  the  remain- 
ing 5,500.000  in  commodities,  merchandise,  horses,  and  cattle, 
according  to  the  requisition  which  shall  be  made  for  them  by 
the  Agents  of  the  French  Republic. 

The  15,500,000  livres  shall  be  paid  in  three  periods,  to  wit: 
5 million  within  15  days,  5 within  a month,  and  the  5,500,000 
within  three  months.  The  5,500,000  in  commodities,  merchan- 
dise, horses,  and  cattle,  as  fast  as  demands  are  made,  shall  be 
delivered  in  the  ports  of  Genoa,  Leghorn,  and  other  plac.es 
occupied  by  the  army,  which  shall  be  designated. 

The  sum  of  21  millions  mentioned  in  the  present 
article  is  independent  of  the  contributions  which  are  or  shall 
be  levied  in  the  legations  of  Bologna,  Ferrara,  and  Faenza. 

10.  The  Pope  shall  be  required  to  give  passage  to  the 
troops  of  the  French  Republic,  whenever  it  shall  be  demanded 
of  him.  The  provisions  which  shall  be  furnished  them  shall 
be  paid  for  by  mutual  agreement. 


TREATIES  WITH  THE  POPE 


257 


B.  Treaty  of  Tolentino.  February  19,  1797  (1  Ventose, 
Year  V).  De  Clercq,  Traites,  I,  313-316. 

The  General-in-Chief  Bonaparte,  commanding  the  army  of 
Italy,  and  Citizen  Cacault,  Agent  of  the  French  Republic  in 
Italy  . . . and  . . . Plenipotentiaries  of  His  Holi- 

ness, have  agreed  upon  the  following  articles : 

1.  There  shall  be  peace,  friendship,  and  good  understand- 
ing between  the  French  Republic  and  Pope  Pius  VI. 

2.  The  Pope  revokes  every  written  or  secret  adhesion, 
consent,  and  accession  given  by  him  to  the  armed  coalition 
against  the  French  Republic  and  to  every  treaty  of  offensive 
or  defensive  alliance  with  any  Power  or  State  whatsoever. 
He  binds  himself,  as  well  for  the  existing  war  as  for  wars  in 
the  future,  not  to  furnish  to  any  of  the  Powers  in  arms  against 
the  French  Republic  any  assistance  in  men,  vessels,  arms,  mu- 
nitions of  war,  provisions  and  money  by  any  title  or  under 
any  denomination  whatsoever. 


4.  The  warships  or  privateers  of  Powers  in  arms  against 
the  Republic  shall  not  be  permitted  to  enter,  and  still  less  to 
remain,  during  the  present  war,  into  the  ports  and  roadsteads 
of  the  Ecclesiastical  State. 

5.  The  French  Republic  shall  continue  to  enjoy,  as  before 
the  war,  all  the  rights  and  prerogatives  which  France  had 
at  Rome,  and  in  everything  shall  be  treated  as  are  the  most 
favored  Powers,  and  especially  in  respect  to  its  Ambassador, 
or  Minister,  Consuls,  and  Vice-Consuls. 

6.  The  Pope  renounces  unconditionally  all  the  rights 
to  which  he  could  lay  claim  upon  the  cities  and  territory,  of 
Avignon,  the  County  of  Venaissin  and  its  dependencies,  and 
transfers,  cedes,  and  abandons  the  said  rights  to  the  French 
Republic. 

7.  The  Pope  also  forever  renounces,  cedes,  and  transfers 
to  the  French  Republic  all  his  rights  to  the  territories  known 
under  the  names  of  the  Legations  of  Bologna,  Ferrara  and 
Romagna:  no  attack  shall  be  made  upon  the  Catholic  religion 
in  the  said  Legations. 

8.  The  city,  citadel,  and  villages  forming  the  territory  of 


9 


258 


LAW  UPON  BRITISH  PRODUCTS 


the  city  of  Ancona  shall  remain  with  the  French  Republic 
until  the  continental  peace. 

12.  The  Pope  shall  pay  to  the  French  Re- 

public in  coin,  diamonds,  or  other  valuables,  the  sum  of 
15,000,000  Tours  Imres  of  France,  of  which  10,000,000  shall 
be  in  the  course  of  the  month  of  March  and  5,000,000  in  the 
course  of  the  following  April. 


53.  Law  upon  British  Products. 

October  31,  1796  (10  Brumaire,  Year  V).  Duvergier,  Lois,  IX, 
■210-213. 

This  document  has  a double  interest.  It  shows  one  of  the  meth- 
ods employed  by  the  Directory  in  the  war  against  England  and 
it  contains  the  germ  of  that  policy  which  Napoleon  subsequently 
developed  into  the  Continental  system.  The  states  dependent  upon 
France  were  easily  induced  to  adopt  similar  measures. 

References.  Rose,  Napoleon,  I,  134-137  ; Sloane,  Napoleon,  II, 
95-96,  and  English  Historical  Review,  VIII,  704-725  ; Mahan,  Sea 
1'ou'cr  . . . French  Revolution,  II.,  248-251. 

1.  The  importation  of  manufactured  merchandise,  the 
product  of  English  manufacture  or  commerce,  is  prohibited, 
both  by  land  and  by  sea,  within  the  entire  extent  of  the  French 
Republic. 

2.  No  vessel  loaded  in  whole  or  in  part  with  the  said 
merchandise  shall  enter  into  the  ports  of  the  Republic  under 
any  pretext  whatsoever,  on  penalty  of  being  seized  immediate- 
ly ; saving,  nevertheless,  the  application  of  the  law  of  23 
Brumaire,  Year  III,  in  fhe  cases  for  which  it  has  provided. 


5.  Whatever  may  have  been  their  origin,  the  following  ar- 
ticles imported  from  abroad  are  reputed  to  be  the  product  of 
English  manufactures : 

1st.  Every  kind  of  cotton  velvet  and  all  fabrics  and 
cloths  of  wool,  cotton  and  hair  or  mixtures  of  these  materials ; 
every  sort  of  piques,  dimities,  nankinettes  and  muslinettes ; 
woolen,  cotton  and  hair  thread  and  the  carpets  called  English ; 


CONVENTION  WITH  GENOA 


259 


2d.  Every  kind  of  hosiery,  cotton  or  wool,  single  or 
mixed ; 

3d.  Buttons  of  every  kind ; 

4th.  Every  sort  of  plate,  all  products  in  fine  hardware, 
cutlery,  toys,  clock-making,  and  other  products  in  iron,  steel, 
copper,  brass,  cast-iron,  sheet-iron,  tin,  or  other  metals,  pol- 
ished or  not  polished,  pure  or  mixed ; 

5ith.  Hides  tanned,  curried  or  prepared,  worked  up  or 
not  worked  up ; carriages,  set  up  or  not  set  up,  harness  and  all 
other  articles  of  harness-making; 

6th.  Ribbons,  hats,  veils  and  shawls  known  under  the 

denomination  of  English ; 

7th.  Every  sort  of  skin  for  gloves,  small-clothes,  and 

waistcoats,  and  these  same  articles  manufactured ; 

8th.  Every  kind  of  glass  ware  and  crystal  other  than  the 
glasses  serving  for  the  making  of  spectacles  and  in  watch- 
making ; 

9th.  Refined  sugars,  in  lump  or  in  powder ; 

10th.  Every  kind  of  faience  or  pottery  known  under  the 
denomination  of  earthen  or  stone  ware  of  England. 

6.  Dating  from  the  publications  of  the  law,  it  is  forbidden 
to  all  persons  to  sell  or  to  expose  for  sale  any  article  the 
product  of  English  manufactures  or  commerce,  and  to  all 

printers  to  print  any  notice  which  may  announce  these  sales. 


54.  Secret  Convention  with  Genoa. 

June  6,  1797  (18  Prarial,  Year  V).  De  Clercq,  Traites,  I, 
326-328. 

Tlie  ancient  and  oligarchical  Republic  of  Genoa  was  one  of  the 
Italian  states  revolutionized  by  Napoleon  Bonaparte  in  1796-7. 
'i'he  revolution  was  effected  through  this  document.  From  it  the 
character  of  the  new  government  and  its  relationship  to  France 
can  be  seen.  In  both  respects  it  is  typical  for  all  of  the  republics 
then  established  by  the  French  in  Italy. 

References.  Rose,  'Napoleon,  I,  134-137  ; Sloane,  Napoleon,  II, 
7 ; Lanfrey,  Napoleon,  I,  204-208.;  Lavisse  and  Rambaud,  Histoirc 
Generate,  VIII,  775-776. 

The  French  Republic  and  the  Republic  of  Genoa,  wishing 
to  consolidate  the  union  of  harmony  which  of  all  time  has 


26o 


CONVENTION  WITH  GENOA 


existed  between  them,  and  the  government  of  Genoa  believing 
that  the  welfare  of  the  Genoese  nation,  in  the  present  circum- 
stances, requires  that  it  should  return  to  her  the  deposit  of 
the  sovereignty  of  the  nation,  with  which  it  has  been  en- 
trusted, the  French  Republic  and  the  Republic  of  Genoa  have 
agreed  upon  the  following  articles : 

1.  The  government  of  the  Republic  of  Genoa  recognizes 
that  the  sovereignty  resides  in  the  body  of  all  the  citizens 
of  the  Genoese  territory. 

2.  The  legislative  power  shall  be  confided  to  two  repre- 
sentative Councils,  one  of  300,  the  other  of  150  members.  The 
executive  power  shall  be  the  attribute  of  a Senate  of  twelve 
members  presided  over  by  a Doge.  The  Doge  and  the  Sen- 
ators shall  be  selected . by  the  two  Councils. 

3.  Each  commune  shall  have  a municipality,  each  district 

an  administration.  r 

4.  The  methods  of  election  of  all  the  authorities,  the  cir- 
cumscription of  the  districts,  the  portion  of  authority  entrusted 
to  each  body,  the  organization  of  the  judicial  power  and  of 
the  military  forces,  shall  be  determined  by  a Legislative  Com- 
mission, which  shall  be  charged  to  draw  up  the  constitution 
and  all  the  organic  laws  of  the  government,  having  care  in 
this  to  do  nothing  which  may  be  contrary  to  the  Catholic 
religion,  to  guarantee  the  consolidated  debts,  to  preserve  the 
free  port  of  the  city  of  Genoa,  the  Bank  of  St.  George,  and  to 
take  measures  that  there  may  be  provision,  as  far  as  means 
will  permit  it,  for  the  maintenance  of  the  poor  nobles  now 
living.  This  Commission  shall  be  obliged  to  complete  its 
work  within  a month,  counting  from  the  day  of  its  formation. 

5.  The  people  finding  themselves  replaced  in  possession 
of  their  rights,  every  kind  of  privilege  or  particular  organ- 
ization which  breaks  up  the  unity  of  the  State  finds  itself  nec- 
essarily dissolved. 

6.  The  provisional  government  shall  be  confided  to  a 
commission  of  government  composed  of  22  members,  presided 
over  by  the  present  Doge,  which  shall  be  installed  on  the 
14th  of  the  present  month  of  June,  26  Prairial,  Year  V of 
the  French  Republic. 

7.  The  citizens  who  shall  be  called  upon  to  compose  the 


TREATY  OF  CAMPO  FORMIO 


2b  X 


provisional  government  of  the  Republic  of  Genoa  cannot  re- 
fuse these  functions  without  being  considered  as  indifferent  to 
the  safety  of  the  fatherland  and  [they  shall  be]  condemned  to 
a fine  of  two  thousand  crowns. 

8.  When  the  provisional  government  shall  be  constituted, 
it  shall  determine  the  necessary  rules  for  the  manner  of  its 
deliberations.  It  shall  select,  within  the  first  week  from  its 
installation,  the  Legislative  Commission  charged  to  draw  up 
the  constitution. 

9.  The  provisional  government  shall  provide  for  the  just 
indemnities  due  to  the  French  who  were  plundered  on  the 
days  of  3 and  4 Prairial  (May  22  and  23). 

10.  The  French  Republic,  wishing  to  give  a proof  of  the 
interest  which  it  takes  in  the  welfare  of  the  people  of  Genoa, 
and  desiring  to  see  them  united  and  exempt  from  factions, 
grants  an  amnesty  to  all  the  Genoese  of  whom  it  had  occasion 
to  make  complaint,  whether  by  reason  of  3 and  4 Prairial 
or  by  occasion  of  the  various  events  which  occurred  within 
the  imperial  fiefs.  The  provisional  government  shall  show 
the  most  lively  solicitude  to  extinguish  all  the  factions,  to  unite 
all  the  citizens,  and  to  imbue  them  with  the  need  of  uniting 
about  the  public  liberty,  granting  for  this  purpose  a general 
amnesty. 

xi.  The  French  Republic  shall  grant  to  the  Republic  of 
Genoa  protection  and,  likewise,  the  aid  of  its  armies,  in  order 
tO'  facilitate,  if  it  be  necessary,  the  execution  of  the  said  articles, 
and  to  maintain  the  integrity  of  the  territory  of  the  Republic 
of  Genoa. 


55.  Treaty  of  Campo  Formio. 

October  27,  1797  (26  Vend§miare,  lTear  VI).  De  Clercq, 

Traites , I,  335-343. 

This  treaty  terminated  the  war  against  Austria  begun  in  1792. 
It  left  France  at  war  only  with  England.  The  new  boundaries  of 
France,  the  changes  in  Italy,  and  the  arrangements  for  the  reor- 
ganization of  Germany  are  the  features  of  the  treaty  of  most  im- 
portance. 

References.  Fournier,  Napoleon,  99-100,  108-110 ; Rose,  Na- 
poleon, I,  128-130,  155-157  , Sloane,  Napoleon,  II,  12-16  ; L<anfrey, 


262 


TREATY  OF  OAMPO  FORMIO 


Napoleon,  I.  Ch.  ix  : I.avisse  and  Rambaud,  Histoire  Generate, 
VIII,  439-440. 

Maps.  Droysen,  Ilistorischer  Hand-A  tlas,  48;  Schrader,  Atlas 
de  Geograpliie  Historique,  48  ; Vidal-Lablaclie,  Atlas  General,  40. 

His  Majesty  the  Emperor  of  the  Romans,  King  of  Hun- 
gary and  of  Bohemia,  and  the  French  Republic,  wishing  to 
consolidate  the  peace  of  which  the  foundations  were  laid  in 
the  preliminaries  signed  at  the  chateau  of  Ekenwald  near  Leo- 
ben  in  Styria,  April  18,  1797  (29  Germinal,  Year  V,  of  the 
French  Republic,  one  and  indivisible),  have  appointed  for 
their  Plenipotentiaries,  to  wit : 

1.  There  shall  be  for  the  future  and  forever  a firm  and 
inviolable  peace  between  His  Majesty  the  Emperor  of  the 
Romans,  King  of  Hungary  and  of  Bohemia,  his  heirs  and 
successors,  and  the  French  Republic. 


3.  His  Majesty  the  Emperor,  King  of  Hungary  and  of  Bo- 
hemia, renounces  for  himself  and  his  successors,  in  favor  of  the 
French  Republic,  all  his  rights  and  titles  to  the  former  Belgic 
Provinces,  known  under  the  name  of  the  Austrian  Low  Coun- 
tries. The  French  Republic  shall  possess  these  countries  for- 
ever, in  complete  sovereignty  and  proprietorship,  and  with  all 
the  territorial  advantages  which  result  therefrom. 

5.  His  Majesty  the  Emperor,  King  of  Hungary  and  of 
Bohemia,  consents  that  the  French  Republic  should  possess 
in  complete  sovereignty  the  former  Venetian  Islands  of  the 
Levant,  to  wit ; Corfu,  Zante,  Cephalonia,  Santa  Maura,  Cer- 
igo,  and  other  islands  dependent  upon  them,  as  well  as 
Butrinto,  Arta,  Vonizza,  and  in  general  all  the  former  Venetian 
establishments  in  Albania,  which  are  situated  below  the  Gulf 
of  Drin. 

6.  The  French  Republic  consents  that  His  Majesty  the 
Emperor  and  King  should  possess  in  complete  sovereignty 
and  proprietorship  the  countries  hereinafter  .designated,  to  wit : 
Tstria,  Dalmatia,  the  former  Venetian  Islands  of  the  Ad- 
riatic, the  mouths  of  the  Cattaro,  the  city  of  Venice,  the 
lagunes  and  countries  included  between  the  hereditary 


TREATY  OF  CAMPO  FORMIO 


26,3 


States  of  His  Majesty  the  Emperor  and  King,  the  Adriatic 
Sea,  and  a line  which  setting  out  from  Tyrol  shall  follow  the 
stream  beyond  Gardola,  and  shall  cross  the  Lake  of  Garda, 
to  Cise;  from  there  a military  line  to  San  Giocomo,  offering 
an  equal  advantage  to  the  two  parties,  which  shall  be  marked 
out  by  engineering  officers  appointed  by  both  parties  before 
the  exchange  of  the  ratifications  of  the  present  treaty.  The 
line  of  limitation  shall  then  pass  the  Adige  at  San  Giocomo, 
shall  follow  the  left  bank  of  that  river  to  the  mouth  of  the 
Blanc  canal,  including  the  part  of  Porto  Lignano  which  is 
upon  the  right  bank  of  the  Adige,  with  the  district  to  a radius 
of  three  thousand  toises.  The  line  shall  continue  by  the  left 

bank  of  the  Blanc  canal,  the  left  bank  of  the  Tartaro,  the  left 

bank  of  the  canal  called  the  Polisella  to  its  juncture  with  the 

Po,  and  the  left  bank  of  the  great  Po  to  the  sea. 

7.  His  Majesty  the  Emperor,  King  of  Hungary  and  of 
Bohemia,  renounces  forever,  for  himself,  his  successors  and 
assigns,  in  favor  of  the  Cisalpine  Republic,  all  rights  and 
titles  springing  from  these  rights,  which  his  said  Majesty 
could  lay  claim  to  over  the  countries  which  he  possessed 
before  the  war,  and  which  now  make  part  of  the  Cisalpine 
Republic,  which  shall  possess  them  in  complete  sovereignty 
and  proprietorship,  with  all  the  territorial  advantages  which 
result  therefrom. 

8.  His  Majesty  the  Emperor,  King  of  Hungary  and  of 
Bohemia,  recognizes  the  Cisalpine  Republic  as  an  independent 
power. 

18.  His  Majesty  the  Emperor,  King  of  Hungary  and  of 
Bohemia,  binds  himself  to  cede  to  the  Duke  of  Modena,  as 
indemnity  for  the  countries  which  that  Prince  and  his  heirs 
had  in  Italy,  the  Breisgau,  which  he  shall  possess  upon  the 
same  conditions  as  those  in  virtue  of  which  he  possessed  Mo- 
dena. 

20.  There  shall  be  held  at  Rastadt  a Congress  composed 
exclusively  of  the  Plenipotentiaries  of  the  Germanic  Empire 
and  of  those  of  the  French  Republic  for  the  pacification  be- 
tween these  two  Powers.  This  shall  be  opened  one  month 


264 


TREATY  OF  CAMPO  FORMIO 


after  the  signature  of  the  present  treaty,  or  sooner  if  it  is 
possible. 


SECRET  ARTICLES. 

1.  His  Majesty  the  Emperor,  King  of  Hungary  and  of 
Bohemia,  consents  that  the  limits  of  the  French  Republic 
shall  extend  to  the  line  designated  below  and  pledges  himself 
to  use  his  good  offices  in  order  that,  in  establishing  peace  with 
the  German  Empire,  the  French  Republic  may  obtain  this 
same  boundary,  to  wit : 

The  left  bank  of  the  Rhine  from  the  Swiss  frontier  below 
Basle  to  the  confluence  of  the  Nette  above  Andernach,  in- 
cluding the  tete  de  Pont  at  Mannheim  on  the  right  bank  of 
the  Rhine  and  the  town  and  fortress  of  Mainz,  both  banks  of 
the  Nette,  from  its  mouth  to  its  source  near  Bruch,  from 
here  a line  passing  through  Senscherode  and  Borlei  to  Kerpen 
and  from  this  town  to  Udelhofen,  Blankenheim,  Marmagen, 
Jactenigt,  Cale  and  Gmiind,  including  the  suburbs  and  sur- 
rounding districts  of  these  places,  then  the  two  banks  of  the 
Olff  to  its  junction  with  the  Roer,  the  two  banks  of  the 
Roer  including  Heimbach,  Niedeggen,  Duren,  and  Julich,  with 
their  suburbs  and  surrounding  districts  as  well  as  the  villages 
on  the  river  and  their  surrounding  districts  as  far  as  Limnich ; 
from  here  a line  passing  Roffems  and  Thalens,  Dalen,  Hilas, 
Papdermod,  Laterforst,  Radenberg,  Haversloo  (if  this  lies 
upon  the  line),  Anderheide,  Kalderkirchen,  Wambach,  Her- 
ringen  and  Grobray  with  the  town  of  Venloo  and  its  surround- 
ing territory.  If,  in  spite  of  the  good  offices  of  His  Majesty 
the  Emperor,  King  of  Hungary  and  of  Bohemia,  the  German 
Empire  should  not  consent  to  the  acquisition  by  the  French 
Republic  of  the  frontier  above  indicated,  His  Majesty  the 
Emperor  and  King  formerly  engages  not  to  furnish  more  than 
his  contingent  to  the  army  of  the  Empire,  which  may  not  be 
employed  in  the  fortresses  without  thereby  interfering  with 
the  peace  and  amity  just  established  between  his  said  Majesty 
and  the  French  Republic. 

2.  His  Majesty  the  Emperor,  King  of  Hungary  and  of  Bo- 
hemia, will  further  use  his  good  offices  during  the  negotiations 
for  peace  with  the  German  Empire  in  order  that,  First,  the 


TREATY  OF  CAMPO  FORMIO 


265 


navigation  of  the  Rhine  shall  be  free  to  the  French  Republic 
and  to  the  states  of  the  Empire  situated  on  the  right  bank 
of  this  river  from  Huningen  to  the  point  where  it  reaches 
the  Batavian  Republic ; 

Secondly,  to  arrange  that  the  one  in  possession  of  that  part 
of  Germany  opposite  the  mouth  of  the  Moselle  shall  never 
upon  any  pretext  whatsoever  hinder  the  free  navigation  and 
exit  of  boats  or  other  craft  from  the  mouth  of  the  river ; 

Thirdly,  that  the  French  Republic  shall  enjoy  the  free  nav- 
igation of  the  Meuse,  and  that  all  tolls  and  other  dues  which 
may  be  established  from  Venloo  to  the  point  where  the  river 
enters  Batavian  territory,  shall  be  suppressed. 

3.  His  Majesty  the  Emperor  and  King,  renounces,  on  his 
own  part  and  for  his  successors,  the  sovereignty  over,  and 
possession  of,  the  County  of  Falkenstein  and  its  dependencies, 
in  favor  of  the  French  Republic. 

4.  The  territories  which  His  Majesty  the  Emperor,  King 
of  Hungary  and  of  Bohemia,  is  to  possess  in  virtue  of  Article 
VI  of  the  open,  definitive  treaty  signed  this  day,  shall  serve 
as  an  indemnity  for  those  territories  which  he  cedes  by  Articles 
III  and  VII  of  the  open  treaty  and  by  the  preceding  article. 
This  cession  shall  not,  however,  have  force  until  the  troops 
of  His  Majesty  the  Emperor  and  King  shall  occupy  the  ter- 
ritory acquired  by  the  said  article. 

5.  The  French  Republic  will  employ  its  good  offices  in 
order  that  His  Majesty  the  Emperor  may  acquire  in  Ger- 
many the  Archbishopric  of  Salzburg,  and  that  portion  of  the 
Circle  of  Bavaria  situated  between  the  Archbishopric  of  Salz- 
burg, the  rivers  Inn  and  Salzach  and  Tyrol,  including  the  city 
of  Wasserburg  on  the  right  bank  of  the  Inn,  with  the  sur- 
rounding territory  within  a radius  of  3000  toises. 

6.  His  Majesty  the  Emperor  and  King  agrees  to  cede 
to  the  French  Republic,  when  peace  shall  be  concluded  with 
the  Empire,  the  sovereignty  and  possession  of  the  Frickthal, 
as  well  as  all  the  possessions  of  the  House  of  Austria  on  the 
left  bank  of  the  Rhine  between  Zurzach  and  Basle,  provided 
that  in  the  above-mentioned  peace  His  Majesty  shall  obtain 
a proportionate  compensation  in  Germany  which  shall  be 
satisfactory'. 

The  French  Republic  shall  unite  the  said  districts  to  the 


266 


TREATY  OP  CAMPO  FORMIO 


Helvetian  Republic,  according  to  an  arrangement  to  be  made 
between  the  said  countries,  without  prejudice,  however,  to 
His  Majesty  the  Emperor  and  King,  or  to  the  Empire. 

7.  It  is  understood  between  the  two  contracting  powers 
that  if,  in  arranging  the  pending  peace  with  the  German  Em- 
pire, the  French  Republic  shall  make  an  acquisition  in  Ger- 
many, His  Majesty  the  Emperor,  King  of  Hungary  and  of  Bo- 
hemia, shall  obtain  an  equivalent  there,  and  conversely  if  His 
Royal  and  Imperial  Majesty  make  an  acquisition  of  this  kind, 
the  French  Republic  shall  similarly  receive  an  equivalent. 

8.  A territorial  indemnity  shall  be  given  to  the  Prince  of 
Nassau-Dietz,  formerly  Stadtholder  of  Holland,  but  this  ter- 
ritorial indemnity  shall  not  be  chosen  in  the  neighborhood  of 
the  Austrian  possessions  nor  of  the  Batavian  Republic. 

9.  The  French  Republic  will  find  no  trouble  in  restoring 
to  the  King  of  Prussia  his  possessions  on  the  left  bank  of 
the  Rhine.  Hence  there  will  be  no  question  of  any  new  ac- 
quisitions on  the  part  of  the  King  of  Prussia.  To  this  the 
contracting  parties  mutually  pledge  themselves. 

10.  If  the  King  of  Prussia  consents  to  cede  to  the  French 
Republic  and  to  the  Batavian  Republic  certain  small  portions 
of  his  possessions  upon  the  left  bank  of  the  Meuse,  as  well  as 
the  enclave  of  Zevenaar  and  other  possessions  toward  the 
Yssel,  His  Majesty  the  Emperor,  King  of  Hungary  and  of 
Bohemia,  will  employ  his  good  offices  to  render  the  said  ces- 
sions practicable,  and  to  cause  them  to  be  recognized  by  the 
German  Empire.  The  failure  to  carry  out  the  present  article 
shall  not  affect  the  preceding  one. 

11.  His  Majesty  the  Emperor  will  not  oppose  the  dispo- 
sition which  the  French  Republic  has  made  in  favor  of  the 
Ligurian  Republic  of  the  Imperial  Fiefs.  His  Majesty  the 
Emperor  will  unite  his  efforts  with  those  of  the  French  Re- 
public to  induce  the  German  Empire  to  renounce  such  rights 
of  suzerainty  as  it  may  have  in  Italy,  especially  over  the 
districts  which  form  a part  of  the  Cisalpine  and  Ligurian 
Republics,  as  well  as  over  the  Imperial  Fiefs,  such  as  Lusig- 
nana  and  all  those  lying  between  Tuscany  and  the  possessions 
of  Parma,  the  Ligurian  and  Luccan  Republics,  and  the  former 


LAW  OF  HOSTAGES 


26  7 


territory  of  Modena,  the  which  fiefs  shall  form  a part  of  the 
Cisalpine  Republic. 

12.  His  Majesty  the  Emperor,  King  of  Hungary  and  of  Bo- 
hemia, and  the  French  Republic,  will  unite  their  efforts  in 
order  that,  in  negotiating  peace  with  the  German  Empire,  the 
different  Princes  and  States  of  the  Empire  which  shall  suffer 
losses  of  territory  and  of  rights  in  consequence  of  the  stipula- 
tions of  the  present  treaty  of  peace,  or  later,  in  consequence 
of  the  treaty  which  shall  be  concluded  with  the  German 
Empire,  shall  obtain  appropriate  indemnities  in  Germany ; 
which  indemnities  shall  be  determined  in  common  accord  with 
the  French  Republic.  This  applies  especially  to  the  Electors 
of  Mainz,  Trier  and  Cologne,  the  Elector  Palatine  of  Bavaria, 
the  Duke  of  Wurtemburg  and  Teck,  the  Margrave  of  Baden, 
the  Duke  of  Zweibrucken,  the  Landgraves  of  Hesse-Cassel  and 
of  Hesse-Darmstadt,  the  Princes  of  Nassau-Saarbrucken,  of 
Salm-Kyrburg,  Lowenstein-Wertheim  and  of  Wiedrunkel  and 
the  Count  of  Leyen. 

13.  The  troops  of  His  Majesty  the  Emperor  shall  evacuate 
within  twenty  days  after  the  exchange  of  the  ratifications  of 
the  present  treaty,  the  city  and  fortress  of  Mainz,  Ehrenbreit- 
stein,  Phillippsburg,  Mannheim,  Konigsstein,  Ulm  and  Ingol- 
stadt,  as  well  as  all  the  territory  belonging  to  the  Germanic 
Empire  as  far  as  his  hereditary  possessions. 

14.  The  present  secret  articles  shall  have  the  same  force 
as  if  they  were  inserted  word  for  word  in  the  open  treaty  of 
peace  signed  to-day.  These  shall  be  ratified  at  the  same  time 
by  the  contracting  parties  and  the  acts  of  ratification  shall  be 
exchanged  in  due  forrft  at  Rastadt. 


56.  Law  of  Hostages. 

July  12,  1799  (24  Messidor,  Year  VII).  Duvergier,  Lois,  XI. 
278-281. 

This  document  is  the  complement  of  No.  51.  That  shows  what 
measures  might  be  employed  against  certain  classes  of  persons 
denominated  public  enemies  ; this  shows  the  measures  which  might 
be  employed  against  regions  where  disturbances  had  occurred. 

Reference.  Lavisse  and  Rambaud,  Histoire  G-enerale,  VIII, 
396-397. 

The  Council  of  the  Five  Hundred,  considering  that  it  is 


268 


LAW  OF  HOSTAGES 


time  to  take  effective  measures  to  arrest  the  progress  of  the 
system  of  assassination  and  brigandage  organized  at  different 
points  of  the  Republic  against  public  functionaries,  acquirers 
or  possessors  of  national  domains,  and  all  citizens  attached  to 
the  constitution  of  the  Year  III, 

Approves  the  act  of  urgency  and  the  following  resolution: 

1.  When  a department,  canton  or  commune  is  notoriously 
in  a state  of  civil  disturbance,  the  Executive  Directory  pro- 
poses to  the  Legislative  Body  to  declare  it  included  in  the  fol- 
lowing provisions. 

2.  The  kinsmen  of  Emigres,  their  relatives  by  marriage, 
and  the  former  nobles  included  in  the  laws  of  3 Brumaire, 
Year  IV,  and  9 Frimaire,  Year  VI,  the  grandfathers,  grand- 
mothers, fathers  and  mothers  of  the  persons  who,  without  be- 
ing ex-nobles  or  kinsmen  of  Emigres,  are  nevertheless  noto- 
riously known  as  making  up  part  of  the  gatherings  or  bands 
of  assassins,  are  personally  and  civilly  responsible  for  as- 
sassinations and  acts  of  brigandage  committed  in  the  interior 
out  of  hatred  to  the  Republic,  in  the  departments,  cantons  and 
communes  declared  in  a state  of  disturbance. 

3.  Immediately  after  the  publication  of  the  law  rendered 
in  execution  of  article  1,  the  central  administrations  shall  take 
hostages  within  the  classes  above  designated,  in  the  communes, 
cantons  and  departments  declared  in  a state  of  disturbance: 


9.  If  an  assassination  is  committed  upon  a citizen  who 
actually  is  or  has  been  since  the  revolution  a public  function- 
ary, or  defender  of  the  fatherland,  or  acquirer  or  possessor  of 
the  national  domains,  the  Executive  Directory,  after  having 
consulted  the  central  administrations,  is  charged  to  cause  to 
be  deported  outside  of  the  territory  of  the  Republic  within  two 
decades  of  the  assassination,  four  of  the  persons  designated 
in  article  2 for  each  person  assassinated,  taking  in  the  first 
place  from  among  the  noble  kinsmen  of  Emigres,  secondly 
from  among  the  former  nobles,  and  successively  from  among 
the  kinsmen  of  persons  taking  part  in  the  gatherings. 


BRUMAIRE  DECREE 


269 


57.  The  Brumaire  Decree. 


November  10.  1799  (19  Brumaire,  Year  VIII).  Momteur,  No- 
vember 12,  1799  (21  Brumaire,  Year  VIII). 

By  the  coup  d'etat  of  Brumaire  the  government  of  the  Direc- 
tory was  overthrown.  This  decree  was  passed  by  a small  number 
of  members  of  the  Council  of  the  Five  Hundred  whom  Lucian 
Bonaparte  gathered  about  him  after  the  dispersion  of  the  councils 
by  force.  It  gave  to  the  coup  d’etat  some  semblance  of  legal  sanc- 
tion. 

References.  Fytfe,  Modern  Europe,  I,  197-207  (Popular  ed., 
133-139)  ; Fournier,  Napoleon,  106-182 ; Rose,  Napoleon,  I,  Ch. 
x ; Sloane,  Napoleon,  II,  Chs.  x-xi ; Lanfrey,  Napoleon,  I,  Ch. 
xii ; Lavisse  and  Rambaud,  Histoire  Generate,  VIII,  403-411;  Au- 
lard.  Revolution  Francaisc,  Part  III,  Ch.  v. 


The  Council  of  the  Five  Hundred,  considering  the  sit- 
uation of  the  Republic,  declares  urgency  and  takes  the  fol- 
lowing resolution : 

1.  The  Directory  is  no  more,  and  the  following  named  per- 

sons, owing  to  the  excesses  and  the  crimes  in  which  they  have 
constantly  engaged,  and  especially  as  regards  the  majority  of 
them  in  the  session  of  this  morning,  are  no  longer  members  of 
the  national  representation  : . . . [Here  follow  the  names 

of  sixty-one  persons.] 

2.  The  Corps-Legislatif  creates  provisionally  a consular 
executive  commission,  consisting  of  Citizens  Sieyes,  Roger- 
Ducos,  and  General  Bonaparte,  who  shall  bear  the  name  of 
Consuls  of  the  French  Republic. 

3.  This  commission  is  invested  with  the  plenitude  of  direc- 
torial power  and  is  particularly  charged  to  organize  order  in 
all  parts  of  the  administration,  to  re-establish  internal  tran- 
quility, and  to  procure  honorable  and  enduring  peace. 

4.  It  is  authorised  to  send  out  delegates  having  powers 
which  are  fixed  and  are  within  the  limits  of  its  own  [powers]. 

5.  The  Corps-Legislatif  adjourns  to  the  following  1 
Ventose  [Feb.  20,  1800]  ; it  shall  reassemble  with  perfect  right 
upon  that  date  in  its  palace  at  Paris. 

6.  During  the  adjournment  of  the  Legislative  Body  the 
adjourned  members  preserve  their  indemnity  and  their  con- 
stitutional guarantee. 

7.  Without  loss  of  their  character  as  representatives  of  the 


270 


CONSTITUTION  OF  THE  YEAR  VIII 


people,  they  can  be  employed  as  ministers,  diplomatic  agents, 
delegates  of  the  consular  executive  commission,  and  in  all 
other  civil  functions.  They  are  even  invited  in  the  name  of 
the  public  welfare  to  accept  these  [employments], 

8-  Before  its  separation  and  during  the  sitting,  each  Coun- 
cil shall  appoint  from  its  own  body  a commission  consisting  of 
twenty-five  members. 

g.  The  commissions  appointed  by  the  two  Councils  with 
the  formal  and  requisite  proposal  of  the  consular  executive 
commission,  shall  decide  upon  all  urgent  matters  of  police, 
legislation,  and  finance. 

10.  The  commission  of  the  Five  Hundred  shall  exercise 
the  initiative;  the  commission  of  the  Ancients,  the  approval. 

11.  The  two  commissions  are  further  charged,  in  the  same 
order  of  labor  and  co-operation,  to  prepare  the  changes  to  be 
brought  about  in  the  organic  arrangements  of  the  constitution, 
of  which  experience  has  made  known  the  faults  and  incon- 
veniences. 

12.  These  changes  shall  have  for  their  object  only  to  con- 
solidate, guarantee,  and  consecrate  inviolably  the  sovereignty 
of  the  French  people,  the  Republic  one  and  indivisible,  the  rep- 
resentative system,  the  division  of  powers,  liberty,  equality, 
security  and  property. 

13.  The  consular  executive  commission  can  present  its 
views  to  them  in  this  respect. 

14.  Finally,  the  two  commissions  are  charged  to  prepare 
a civil  code. 

15.  They  shall  sit  at  Paris  in  the  place  of  the  Legisla- 
tive Body  and  they  can  convoke  it  in  extraordinary  session 
for  the  ratification  of  peace  or  in  a great  public  danger. 

16.  The  present  | document]  shall  be  printed,  sent  by  ex- 
traordinary couriers  into  the  departments,  and  solemnly  pub- 
lished and  posted  in  all  the  communes  of  the  Republic. 


58.  Constitution  of  the  Year  VIII. 

December  13,  1799.  Duvergier,  Lois,  XII,  20-30. 

This  constitution  although  nominally  framed  by  the  two  legis- 
lative commissions  appointed  by  No.  57  was  actually  imposed  upon 


CONSTITUTION  OF  THE  YEAR  VIII 


271 

them  by  Napoleon  Bonaparte.  It  was  submitted  to  the  people  and 
accepted  by  over  three  million  votes  against  about  fifteen  hundred. 

References.  Fournier,  Napoleon,  1S3-187  ; Dickinson,  Revo- 
lution and  Reaction  in  Modern  France,  36-41 ; Rose,  Napoleon,  I, 
209-214  ; Sloane,  Napoleon,  II,  84-86 ; Lanfrey.  Napoleon,  I,  Ch. 
xiii  : Lavisse  and  Rambaud,  llistoire  Generate,  IX,  5-12  ; Au- 
lard,  Revolution  Francaise,  704-711. 

Constitution  of  the  French  Republic. 

TITLE  I.  OF  THE  EXERCISE  OF  THE  RIGHTS  OF  CITIZENSHIP. 

1.  The  French  Republic  -is  one  and  indivisible. 

Its  European  territory  is  divided  into  departments  and 
communal  districts. 

2.  Every  man  born  and  residing  in  France  fully  twenty- 
one  years  of  age,  who  has  caused  his  name  to  be  inscribed 
upon  the  civic  register  of  his  communal  district  and  has  since 
lived  for  one  year  upon  the  soil  of  the  Republic,  is  a French 
citizen. 

3.  A foreigner  becomes  a French  citizen  when,  after  hav- 
ing reached  the  full  age  of  twenty-one  years  and  having  de- 
clared his  intention  to  settle  in  France,  he  has  resided  there 
for  ten  consecutive  years. 

4.  The  title  to  French  citizenship  is  lost: 

By  naturalization  in  a foreign  country  > 

By  the  acceptance  of  appointments  or  pensions  tendered 
by  a foreign  Government ; 

By  affiliation  with  any  foreign  corporation  which  may 
imply  distinctions  of  birth ; 

By  condemnation  to  afflictive  or  infamous  punishments. 

5.  The  exercise  of  the  rights  of  French  citizenship  is  sus- 
pended by  the  state  of  bankruptcy  or  of  direct  inheritance, 
with  gratuitous  title,  to  the  succession,  in  whole  or  in  part, 
of  a bankrupt ; 

By  the  condition  of  domestic  service  for  wages  either  for 
a person  or  a household  ; 

By  the  condition  of  judicial  interdiction,  of  accusation,  or 
of  contempt  of  court. 

6.  In  order  to  exercise  rights  of  citizenship  in  a com- 
munal district,  it  is  necessary  to  have  acquired  domicile  there 
by  one  year  of  residence  and  not  to  have  lost  it  by  one  year 
of  absence. 


2/2 


CONSTITUTION  OF  THE  YEAR  VIII 


7.  The  citizens  of  each  communal  district  designate  by 
their  votes  those  among  them  whom  they  believe  the  most  fit 
to  conduct  public  affairs.  Thus  the  result  is  a list  of  the  trust- 
worthy, containing  a number  of  names  equal  to  one-tenth  of 
the  number  of  citizens  having  the  right  to  co-operate  there. 
It  is  from  this  first  communal  list  that  the  public  functionar- 
ies of  the  district  must  be  taken. 

8.  The  citizens  included  in  the  communal  lists  of  a de- 
partment designate  likewise  a tenth  of  themselves.  Thus  there 
results  a second  list,  known  as  the  departmental  list,  from 
which  the  public  functionaries  of  the  department  must  be 
taken. 

9.  The  citizens  comprised  in  the  departmental  list  desig- 
nate in  like  manner  a tenth  of  themselves : thus  there  results 
a third  list  which  comprises  the  citizens  of  that  department 
eligible  to  the  national  public  functions. 

10.  The  citizens  who  have  the  right  to  co-ooerate  in  the 
formation  of  one  of  the  lists  mentioned  in  the  three  preceding 
articles,  are  called  upon  every  three  years  to  provide  for  re- 
placing those  of  the  enrolled  who  have  died  or  are  absent  for 
any  other  cause  than  the  exercise  of  a public  function. 

11.  They  can,  at  the  same  time,  remove  from  the  lists  the 
enrolled  whom  they  judge  unfit  to  remain  there,  and  replace 
them  by  other  citizens  in  whom  they  have  greater  confidence. 

12.  No  one  is  removed  from  a list  except  by  the  votes  of 
the  majority  of  the  citizens  who  have  the  right  to  co-operate 
in  its  formation. 

13.  No  one  is  removed  from  a list  of  eligibles  by  the  mere 
fact  that  he  is  not  kept  upon  another  list  of  higher  or  superior 
degree. 

14.  Inscription  upon  a list  of  eligibles  is  necessary  only 
with  reference  to  those  of  the  public  officers  for  which  that 
condition  is  expressly  required  by  the  constitution  or  the  law. 
The  lists  of  eligibles  shall  be  formed  for  the  first  time  during 
the  course  of  the  Year  IX. 

Citizens  who  shall  be  selected  for  the  first  formation  of  the 
constituted  authorities,  shall  form  a necessary  part  of  the  first 
lists  of  eligibles. 


CONSTITUTION  OF  THE  YEAR  VIII 


273 


TITLE  II.  OF  THE  CONSERVATIVE  SENATE. 

15.  The  Conservative  Senate  is  composed  of  eighty  mem- 
bers, irremovable  and  for  life,  of  at  least  forty  years  of  age. 

For  the  formation  of  the  Senate,  there  shall  at  first  be 
chosen  sixty  members : that  number  shall  be  increased  to 
sixty-two  in  the  course  of  the  Year  VIII,  to  sixty-four  in  the 
Year  IX,  and  it  shall  thus  be  gradually  increased  to  eighty,  by 
the  addition  of  two  members  m each  of  the  first  ten  years. 

16.  Appointment  to  the  place  of  senator  is  made  by  the 
Senate  which  chooses  among  three  candidates  presented,  the 
first  by  the  Corps-Legislatif,  the  second  by  the  Tribunate,  the 
third  by  the  First  Consul. 

It  chooses  between  only  two  candidates  if  one  of  them  is 
proposed  by  two  of  the  three  presenting  authorities : it  is 
required  to  admit  that  one  who  may  be  proposed  at  the  same 
time  by  the  three  authorities. 

17.  The  First  Consul,  upon  leaving  his  place,  either  by 
expiration  of  his  office  or  by  resignation,  necessarily  and  with 
perfect  right  becomes  a senator. 

The  other  two  Consuls,  during  the  month  following  the 
expiration  of  their  duties,  can  take  seats  in  the  Senate,  but 
they  are  not  required  to  make  use  of  this  right. 

They  do  not  have  it  if  they  leave  their  consular  duties  by 
resignation. 

18.  A senator  is  forever  ineligible  to  any  other  public 
office. 

19.  All  the  lists  made  in  the  departments,  in  virtue  of 
article  9,  are  despatched  to  the  Senate : they  constitute  the 
national  list. 

20.  It  chooses  from  this  list  the  legislators,  the  tribunes, 
the  Consuls,  the  judges  of  cassation,  and  the  commissioners 
of  accounts. 

21.  It  sustains  or  annuls  all  tfj£  acts  which  are  referred  to 
it  as  unconstitutional  by  the  Tribunate  or  the  Government: 
the  lists  of  eligibles  are  included  among  these  acts. 

22.  Fixed  revenues  from  the  national  domains  are  set 
apart  for  the  expenses  of  the  Senate.  The  annual  stipend 
of  each  of  its  members  is  taken  from  these  revenues,  and 
is  equal  to  a twentieth  of  that  of  the  First  Consul. 

23.  The  sittings  of  the  Senate  are  not  public. 


274 


CONSTITUTION  OF  THE  TEAR  VIII 


24.  Citizens  Sieyes  and  Roger-Ducos,  retiring  consuls,  are 
appointed  members  of  the  Conservative  Senate:  they  shall  join 
to  themselves  the  Second  and  Third  Consuls  appointed  by  the 
present  Constitution.  These  four  citizens  appoint  the  majority 
of  the  Senate,  which  then  completes  itself  and  proceeds  to  the 
elections  that  are  entrusted  to  it. 

TITLE  III.  OF  THE  LEGISLATIVE  POWER. 

25.  New  laws  shall  be  promulgated  only  when  the  pro- 
ject for  them  shall  have  been  proposed  by  the  Government, 
communicated  to  the  Tribunate,  and  decreed  by  the  Corps- 
Legislatif. 

26.  The  projects  that  the  Government  proposes  are  drawn 
up  in  articles.  In  any  stage  of  the  discussion  of  these  pro- 
posals, the  Government  can  withdraw  them ; it  can  reproduce 
them  in  modified  form. 

27.  The  Tribunate  is  composed  of  one  hundred  members, 
at  least  twenty-five  years  of  age ; they  are  renewed  bv  a fifth 
each  year  and  are  indefinitely  re-eligible  as  long  as  they  remain 
upon  the  national  list. 

28.  The  Tribunate  discusses  the  projects  for  laws:  it 
votes  for  their  adoption  or  their  rejection. 

It  sends  three  orators  taken  from  its  own  body,  by 
whom  the  grounds  for  the  view  that  it  has  taken  upon  each 
of  these  proposals  are  set  forth  and  defended  before  the  Corps- 
Legislatif. 

It  refers  to  the  Senate,  on  account  of  unconstitutionality 
only,  the  lists  of  eligibles,  the  acts  of  the  Corps-Legislatif  and 
those  of  the  Government. 

29.  It  expresses  its  opinion  upon  the  laws  made  and  to  be 

made,  the  abuses  to  be  corrected,  and  the  improvements  to 
be  undertaken  in  all  parts  of  the  public  administration,  but 
never  upon  civil  or  criminal  matters  pending  before  the  trib- 
unals. ' 

The  opinions  that  it  expresses  by  virtue  of  the  present  article 
have  no  necessary  consequence  and  do  not  compel  any  con- 
stituted authority  to  a deliberation. 

30.  When  the  Tribunate  adjourns,  it  can  appoint  a commis- 
sion of  from  ten  to  fifteen  of  its  members,  charged  to  convoke 
it  if  it  deems  expedient. 

31.  The  Corps-Legislatif  is  composed  of  three  hundred 


CONSTITUTION  OF  THE  YEAR  VIII 


2/5 


members  of  at  least  thirty  years  of  age;  they  are  renewed 
each  year  by  a fifth. 

It  must  always  contain  at  least  one  member  from  each  de- 
partment of  the  Republic. 

32.  A member  retiring  from  the  Corps-Legislatif  cannot 
re-enter  it  until  after  an  interval  of  one  year;  but  he  can  be 
immediately  elected  to  any  other  public  office,  including  that  of 
tribune,  if  he  is  otherwise  eligible  to  it. 

33.  The  session  of  the  Corps-Legislatif  commences  each 
year  upon  1 Frimaire,  and  continues  only  four  months ; it  can 
be  convoked  in  extraordinary  session  during  the  other  eight 
months  by  the  Government. 

34.  The  Corps-Legislatif  makes  a law  by  deciding  through 
secret  ballot,  and  without  any  discussion  on  the  part  of  its 
members,  upon  the  projects  of  law  discussed  before  it  by  the 
orators  of  the  Tribunate  and  the  Government. 

35.  The  sittings  of  the  Tribunate  and  those  of  the  Corps- 
Legislatif  are  public ; the  number  of  spectators  at  either  of 
them  cannot  exceed  two  hundred. 

36.  The  annual  stipend  of  a tribune  is  fifteen  thousand 
francs ; that  of  a legislator,  ten  thousand  francs. 

37.  Every  decree  of  the  Corps-Legislatif  is  promulgated  by 
the  First  Consul  the  tenth  day  after  its  passage,  unless  within 
that  period  it  has  been  referred  to  the  Senate  upon  the  ground 
of  unconstitutionality.  This  recourse  cannot  be  taken  against 
promulgated  laws. 

38.  The  first  renewal  of  the  Corps-Legislatif  and  of  the 
Tribunate  shall  take  place  only  in  the  course  of  the  Year  X. 

TITLE  IV.  OF  THE  GOVERNMENT. 

39.  The  Government  is  confided  to  three  Consuls  appointed 
for  ten  years  and  indefinitely  re-eligible. 

Each  of  them  is  elected  individually  with  the  distinguishing 
title  of  First,  Second  or  Third  Consul. 

The  Constitution  appoints  as  First  Consul,  Citizen  Bona- 
parte, former  Provisional  Consul ; as  Second  Consul,  Citizen 
Cambaceres,  former  Minister  of  Justice;  and  as  Third  Con- 
sul, Citizen  Lebrun,  former  member  of  the  Commission  of  the 
Council  of  Ancients. 

For  this  time  the  Third  Consul  is  appointed  only  for  five 
years. 


2/6 


CONSTITUTION  OF  THE  YEAR  VIII 


40.  The  First  Consul  has  special  duties  and  prerogatives 
in  which  he  is  temporarily  replaced  by  one  of  his  colleagues, 
when  there  is  need. 

41.  The  First  Consul  promulgates  the  laws ; he  appoints 
and  dismisses  at  will  the  members  of  the  Council  of  State, 
tne  ministers,  the  ambassadors  and  other  foreign  agents  of 
high  rank,  the  officers  of  the  army  and  the  navy,  the  members 
of  the  local  administrations,  and  the  commissioners  of  the 
Government  before  the  tribunals.  He  appoints  all  criminal 
and  civil  judges,  other  than  the  justices  of  the  peace  and  the 
judges  of  cassation,  without  power  to  remove  them. 

42.  In  the  other  acts  of  the  Government,  the  Second  and 
Third  Consuls  have  a consultative  voice:  they  sign  the  register 
of  these  acts  in  order  to  attest  their  presence;  and  if  they  wish, 
they  there  record  their  opinions ; after  that  the  decision  of  the 
First  Consul  suffices. 

43.  The  stipend  of  the  First  Consul  shall  be  five  hundred 
thousand  francs  in  the  Year  VIII.  The  stipend  of  each  of  tire 
other  two  Consuls  is  equal  to  three-tenths  of  that  of  the  First 
Consul. 

44.  The  Government  proposes  the  laws  and  makes  the  reg- 
ulations necessary  to  secure  their  execution. 

45.  The  Government  controls  the  receipts  and  expenses  of 
the  State  in  conformity  with  the  annual  law  which  fixes  the 
amount  of  both  of  them ; it  superintends  the  coinage  of  money, 
of  which  the  law  alone  orders  the  emission  and  fixes  the  de- 
nomination, weight,  and  stamp. 

46.  If  the  Government  is  informed  that  some  conspiracy  is 
laid  against  the  state,  it  can  issue  decrees  of  apprehension  and 
arrest  against  the  persons  who  are  supposed  to  be  the  authors 
or  accomplices  of  it ; but  if,  within  a period  of  ten  days  after 
their  arrest,  they  are  not  set  at  liberty  or  put  upon  trial,  the 
minister  who  signed  the  decree  has  committed  the  crime  of 
arbitrary  imprisonment. 

47.  The  Government  provides  for  the  internal  security  and 
the  external  defence  of  the  State;  it  distributes  the  land  and 
sea  forces  and  controls  their  direction. 

48.  The  active  National  Guard  is  subject  to  the  rules  of  the 
public  administration:  the  reserve  National  Guard  is  subject 
only  to  the  law. 


CONSTITUTION  OF  THE  YEAR  VIII 


2 77 


49.  The  Government  has  charge  of  the  foreign  political 
relations,  conducts  negotiations,  makes  preliminary  stipula- 
tions, signs  and  causes  to  be  signed  and  concluded  all  treaties 
of  peace  and  alliance,  truce,  neutrality,  commerce,  and  other 
conventions. 

50.  Declarations  of  war  and  treaties  of  peace,  alliance,  and 
commerce  are  proposed,  discussed,  decreed,  and  promulgated 
as  are  the  laws. 

But  the  discussions  and  deliberations  upon  these  matters, 
in  the  Tribunate  as  well  as  in  the  Corps-Legislatif,  take  place 
in  secret  committee  when  the  Government  demands  it. 

51.  The  secret  articles  of  a treaty  cannot  be  destructive  of 
the  open  articles. 

52.  Under  the  direction  of  the  Consuls,  a Council  of  State 
is  charged  with  drawing  up  projects  of  law  and  regulations  of 
public  administration,  and  with  the  settlement  of  difficulties 
which  arise  in  administrative  matters. 

53.  The  orators  charged  to  take  the  word,  in  the  name  of 
the  Government,  before  the  Corps-Legislatif,  are  always  taken 
from  among  the  members  of  the  Council  of  State. 

These  orators  are  never  sent  to  the  number  of  more  than 
three  for  the  defence  of  a single  project  of  law. 

54.  The  ministers  procure  the  execution  of  the  laws  and 
regulations  of  public  administration. 

55.  No  edict  of  the  Government  can  have  effect  unless  it  is 
signed  by  a minister. 

56.  One  of  the  ministers  is  especially  charged  with  the  ad- 
ministration of  the  public  treasury : he  provides  for  the  secur- 
ity of  the  receipts,  and  orders  the  transfer  of  funds  and  the 
payments  authorised  by  law.  He  cannot  make  any  payment 
except  in  virtue  of : 1st,  a law,  and  to  the  amount  of  the  funds 
which  it  has  fixed  for  that  kind  of  expenses ; 2d,  an  order  of  the 
Government ; 3d,  a warrant  signed  by  a minister. 

57.  The  detailed  accounts  of  the  expenses  of  each  minister, 
signed  and  certified  by  him,  are  made  public. 

58.  The  Government  can  select  or  retain  as  Councillors  of 
State  and  as  Ministers,  only  the  citizens  whose  names  are  en- 
rolled upon  the  national  list. 

59.  The  local  administrations  established  either  for  each 
communal  district  or  for  more  extended  portions  of  territory 


278 


CONSTITUTION  OF  THE  YEAR  VIII 


are  subordinate  to  the  ministers.  No  one  can  become  or  re- 
main a member  of  these  administrations  unless  he  is  placed  or 
kept  upon  one  of  the  lists  mentioned  in  articles  7 and  8. 

TITLE  V.  OF  THE  TRIBUNALS. 

60.  Each  communal  district  has  one  or  more  justices  of  the 
peace,  elected  directly  by  the  citizens  for  three  years. 

Their  principal  duty  consists  in  conciliating  the  parties, 
whom  they  urge,  in  case  of  non-conciliation,  to  get  judgment 
by  arbitrators. 

61.  In  civil  matters  there  are  tribunals  of  first  instance  and 
tribunals  of  appeal.  The  law  determines  the  organization  of 
each  of  them,  their  competency,  and  the  territory  forming  the 
jurisdiction  of  each. 

62.  In  criminal  matters  involving  afflictive  or  ignominious 
punishments,  a first  jury  accepts  or  rejects  the  accusation:  if 
it  is  accepted,  a second  jury  passes  upon  the  facts,  and  the 
judges  forming  a criminal  tribunal  impose  the  penalty.  Their 
judgment  is  without  appeal. 

63.  The  duty  of  public  prosecution  before  a criminal  trib- 
unal is  performed  by  the  commissioner  of  the  Government. 

64.  Crimes  that  do  not  involve  afflictive  or  ignominious 
punishments  are  tried  by  tribunals  of  correctional  police,  sub- 
ject to  appeal  to  the  criminal  tribunals. 

65.  There  is  for  the  whole  Republic  a Tribunal  of  Cassa- 
tion, which  passes  upon  the  appeals  in  cassation  against  the 
judgments  rendered  in  the  last  resort  by  the  tribunals,  upon 
applications  for  the  removal  from  one  tribunal  to  another  on 
account  of  legitimate  suspicion  or  public  security,  and  upon 
complaints  of  prejudice  against  a whole  tribunal. 

66.  The  Tribunal  of  Cassation  does  not  take  cognizance  of 
the  matter  of  actions;  but  it  quashes  the  judgments  rendered 
upon  proceedings  in  which  the  forms  have  been  violated,  or 
which  contain  some  express  contravention  of  the  law;  and 
it  sends  back  the  matter  of  the  action  to  the  tribunal  which 
ought  to  have  jurisdiction  therein. 

67.  The  judges  composing  the  tribunals  of  first  instance 
and  the  commissioners  of  the  Government  assigned  to  these 
tribunals,  are  taken  from  the  communal  list  or  the  department- 
al list. 

The  judges  constituting  the  tribunals  of  appeal  and  the 


CONSTITUTION  OF  THE  YEAR  VIII 


279 


commissioners  placed  with  them  are  taken  from  the  depart- 
mental list. 

The  judges  composing  the  Tribunal  of  Cassation  and  the 
commissioners  assigned  to  that  tribunal,  are  taken  from  the 
national  list. 

68.  The  judges,  other  than  the  justices  of  the  peace,  keep 
their  offices  for  life  unless  they  should  be  condemned  to  for- 
feiture or  should  not  be  kept  upon  the  lists  of  eligibles. 

TITLE  VI.  OF  THE  RESPONSIBILITY  OF  THE  PUBLIC 
FUNCTIONARIES. 

69.  The  positions  of  members  of  the  Senate,  Corps-Legis- 
latif, Tribunate,  and  those  of  the  Consuls  and  the  Councillors  of 
State  do  not  give  occasion  for  any  responsibility. 

70.  Personal  crimes  involving  afflictive  or  ignominious 
punishments,  committed  by  a member  of  the  Senate,  Tribunate, 
Corps-Legislatif,  or  Council  of  State,  are  prosecuted  before  the 
ordinary  tribunals  only  after  a decision  of  the  body  to  which 
the  accused  belongs  has  authorised  that  prosecution. 

71.  Ministers  accused  of  private  crimes  involving  afflictive 
or  ignominious  punishment  are  considered  as  members  of  the 
Council  of  State. 

72.  The  ministers  are  responsible:  1st,  for  every  act  of  the 
Government  signed  by  them  and  declared  unconstitutional  by 
the  Senate;  2d,  for  the  non-execution  of  the  laws  and  regula- 
tions of  the  public  administration;  3d,  for  the  special  orders 
which  they  have  given,  if  these  orders  are  contrary  to  the  con- 
stitution, the  laws,  or  the  regulations. 

73.  In  the  case  of  the  preceding  article,  the  Tribunate  ac- 
cuses the  minister  by  an  act  upon  which  the  Corps-Legislatif 
deliberates  in  the  usual  forms,  after  having  heard  or  summoned 
the  accused.  The  minister  placed  on  trial  by  a decree  of  the 
Corps-Legislatif  is  tried  by  a high  court,  without  appeal  and 
without  recourse  in  cassation. 

The  high  court  is  composed  of  judges  and  jurors.  The 
judges  are  chosen  by  the  Tribunal  of  Cassation  and  from  its 
own  body;  the  jurors  are  taken  from  the  national  list:  the 
whole  following  the  forms  which  the  law  determines. 

74.  Civil  and  criminal  judges  are  prosecuted  for  crimes 
connected  with  their  duties  before  the  tribunals  to  which  that 
of  cassation  sends  them,  after  having  annulled  their  acts. 


28o 


CONSTITUTION  OF  THE  YEAR  VIII 


7 5-  The  agents  of  the  Government,  other  than  the  min- 
isters, can  be  prosecuted  for  acts  relating  to  their  duties  only- 
in  virtue  of  a decision  of  the  Council  of  State ; in  that  case 
the  prosecution  takes  place  before  the  ordinary  tribunals. 

TITLE  VII.  GENERAL  PROVISIONS. 

76.  The  house  of  every  person  dwelling  upon  French  soil 
is  an  .inviolable  asylum. 

During  the  night  no  one  has  the  right  to  enter  it  except  in 
case  of  fire,  inundation,  or  of  a call  coming  from  the  interior 
of  the  house. 

During  the  day  it  can  be  entered  for  a special  purpose,  de- 
termined either  by  law  or  by  an  order  issued  by  a public  au- 
thority. 

77.  In  order  that  the  instrument  which  orders  the  arrest 
of  a person  may  be  executed,  it  is  necessary:  1st,  that  it  set 
forth  explicitly  the  ground  for  the  arrest  and  the  law  in  execu- 
tion of  which  it  is  ordered;  2d,  that  it  be  issued  by  an  official 
to  whom  the  law  has  explicitly  given  that  power ; 3d,  that  it  be 
made  known  to  the  person  arrested  and  that  lie  be  provided 
with  a copy  of  it. 

78.  A warden  or  jailer  cannot  receive  or  detain  any  per- 
son except  after  having  copied  upon  his  register  the  docu- 
ment which  orders  the  arrest : this  document  must  be  a war- 
rant given  in  the  forms  prescribed  by  the  preceding  article, 
or  an  order  of  arrest,  or  a decree  of  accusation,  or  a judgment. 

79.  Every  warden  or  jailer  is  required,  without  any  or- 
der being  able  to  dispense  therewith,  to  present  the  arrested 
person  to  the  civil  officer  having  in  charge  the  police  of  the 
prison,  whenever  he  shall  be  required  to  do  so  by  that  officer. 

80.  The  production  of  the  arrested  person  cannot  be  re- 
fused to  his  kinsmen  and  friends  bearing  the  order  of  the  civil 
officer,  who  shall  always  be  required  to  grant  it,  unless  the 

’warden  or  jailer  presents  an  order  of  the  judge  to  keep  the 
person  in  secret. 

81.  All  those  who,  not  having  received  from  the  law  the 
power  to  make  arrests,  shall  cause,  sign  or  execute  the  arrest 
of  any  person;  all  Ihose  who,  even  in  cases  of  arrests  autho-- 
ised  by  law,  shall  receive  or  retain  the  arrested  person  in  a 
place  of  confinement  not  publicly  and  legally  designated  as 
such;  and  all  the  wardens  or  jailers  who  shall  contravene  the 


CONSTITUTION  OF  THE  YEAR  VIII  2gt 

provisions  of  the  three  preceding  articles,  shall  be  guilty  of 
the  crime  of  arbitrary  imprisonment. 

82.  All  severities  employed  in  arrests,  imprisonments  or 
executions,  other  than  those  authorised  by  the  laws,  are 
crimes. 

83.  Any  person  has  the  right  to  present  individual  peti- 
tions to  any  constituted  authority,  and  especially  to  the  Trib- 
unate. 

84.  The  public  force  is  essentially  obedient;  no  armed 
body  can  deliberate. 

85.  Military  offences  are  subject  to  special  tribunals  and 
to  special  forms  of  trial. 

86.  The  French  nation  declares  that  pensions  shall  be 
granted  to  all  soldiers  wounded  in  the  defence  of  the  father- 
land,  as  well  as  to  the  widows  and  children  of  soldiers  dying 
upon  the  battle  field  or  from  the  effects  of  their  wounds. 

87.  National  rewards  shall  be  conferred  upon  the  war- 
riors who  shall  have  rendered  distinguished  services  in  fight- 
ing for  the  Republic. 

88.  A National  Institute  is  charged  with  the  collection  of 
the  discoveries  and  the  improvement  of  the  sciences  and  the 
arts. 

89.  A commission  of  national  book-keeping  regulates  and 
verifies  the  accounts  of  the  receipts  and  expenditures  of  the 
Republic.  This  commission  is  composed  of  seven  members 
chosen  by  the  Senate  from  the  national  list. 

90.  A constituted  body  can  deliberate  only  in  a sitting 
when  at  least  two-thirds  of  the  members  are  present. 

91.  The  form  of  government  of  the  French  colonies  is 
determined  by  special  laws. 

92.  In  case  of  rebellion  by  armed  force  or  of  disturbances 
that  threaten  the  security  of  the  State,  the  law  can  suspend 
in  the  places  and  for  the  time  which  it  determines,  the  absolute 
authority  of  the  Constitution. 

This  suspension  can  be  declared  provisionally,  in  the  same 
cases,  by  an  order  of  the  Government,  the  Corps-Legislatif 
being  on  vacation,  provided  that  this  body  be  convoked  within 
the  shortest  possible  time  by  an  article  of  the  same  order. 

93.  The  French  nation  declares  that  in  any  case  it  will 
not  permit  the  return  of  the  French,  who,  having  abandoned 


282 


ORDER  SUPPRESSING  NEWSPAPERS 


their  fatherland  since  July  14,  1789,  are  not  included  in  the 
exceptions  allowed  by  the  laws  made  against  the  Emigres ; it 
forbids  any  new  exception  upon  this  matter. 

The  goods  of  the  Emigres  are  irrevocably  acquired  for  the 
profit  of  the  Republic. 

94.  The  French  nation  declares  that  after  a legally  con- 
summated sale  of  national  lands,  whatever  be  the  cause  there- 
of, the  lawful  purchaser  cannot  be  dispossessed  thereof,  reserv- 
ing to  third  claimants,  if  there  is  need,  indemnification  by  the 
Public  Treasury. 

95.  The  present  Constitution  shall  be  offered  immediately 
for  the  acceptance  of  the  French  people. 


59.  Order  for  Suppressing  the  Newspapers. 

January  17,  1800  (27  Nivose,  Year  VIII).  Moniteur,  Janu- 
ary 19,  1800  (29  Nivose,  Year  VIII). 

Shortly  after  the  Constitution  of  the  Year  VIII  went  into  effect 
the  First  Consul  began  a series  of  vigorous  measures  against  pos- 
sible opposition  to  his  rule.  This  document  is  typical  of  the  se- 
ries. 

References.  Fournier,  Napoleon,  238  ; Sloane,  Napoleon,  II, 
96  ; Lavisse  and  Rambaud,  Hiitoire  Generate,  IX,  15-16  ; Aulard, 
Revolution  Francaise,  714-716. 


The  Consuls  of  the  Republic,  considering  that  a part  of  the 
newspapers  which  are  printed  in  the  department  of  the  Seine 
are  instruments  in  the  hands  of  the  enemies  of  the  Republic ; 
that  the  government  is  particularly  charged  by  the  French  peo- 
ple to  look  after  their  security,  orders  as  follows : 

1.  The  minister  of  police  shall  permit  to  be  printed,  pub- 

lished, and  circulated  during  the  whole  course  of  the  war  only 
the  following  newspapers:  . . . [Here  follow  the  names 

of  thirteen  newspapers],  and  newspapers  devoted  exclusively 
to  science,  arts,  literature,  commerce,  announcements  and  no- 
tices. 

2.  The  minister  of  the  general  police  shall  immediately 
make  a report  upon  all  the  newspapers  that  are  printed  in 
the  other  departments. 

3.  The  minister  of  the  general  police  shall  see  that  no  new 


ADMINISTRATIVE  SYSTEM  LAW 


28  j 


newspaper  be  printed  in  the  department  of  the  Seine,  as  well 
as  in  all  the  other  departments  of  the  Republic. 

4.  The  proprietors  and  editors  of  the  newspapers  pre- 
served by  the  present  order  shall  present  themselves  to  the  min- 
ister of  the  police  in  order  to  attest  their  character  as  French 
citizens,  their  residences  and  signatures,  and  they  shall  promise 
fidelity  to  the  constitution. 

5.  All  newspapers  which  shall  insert  articles  opposed  to 
the  respect  that  is  due  to  the  social  compact,  to  the  sover- 
eignty of  the  people  and  the  glory  of  the  armies,  or  which 
shall  publish  invectives  against  the  governments  and  nations 
who  are  the  friends  or  allies  of  the  Republic,  even  when  these 
articles  may  be  extracts  from  foreign  periodicals,  shall  be 
immediately  suppressed- 

6.  The  minister  of  the  general  police  is  charged  with  the 
execution  of  the  present  order,  which  shall  be  inserted  in  the 
Bulletin  of  the  Lazvs. 


60.  Law  for  Reorganizing  the  Administrative  System. 

February  17,  1800  (28  Pluviose,  Year  VIII).  Duvergier,  Lois, 
XII,  78-116. 

This  was  a sort  of  organic  act  upon  the  administrative  system. 
It  deserves  careful  attention  for  three  reasons  : <1)  the  system  here 
established  has  been  one  of  the  most  substantial  of  Napoleon's  in- 
stitutions, existing  to  the  present  day  with  but  little  change:  (2) 
under  all  French  governments  the  administrative  system  is  one  of 
the  most  important  features;  (3)  political  scientists  are  now  giv- 
ing more  attention  to  administration  than  ever  before.  This  doc- 
ument may  be  profitably  compared  with  No.  7. 

References.  Dickinson,  Revolution  and  Reaction  in  Modern 
France,  41-42  ; Fournier,  Napoleon,  223-225  ; Rose,  Napoleon,  I, 
246-249  ; Sloane,  Napoleon,  II,  139-140  ; Lanfrey,  Napoleon,  I,  436- 
441  ; Lavisse  and  Itambaud,  Histoire  Generate,  IX,  16-18  : Aulard, 
Revolution  Franeuise,  716-719. 


TITLE  I.  DIVISION  OF  THE  TERRITORY. 

I.  The  European  territory  of  the  Republic  shall  be  divided 
into  departments  and  communal  districts,  in  conformity  with 
the  table  annexed  to  the  present  law.  [This  table  made  but  one 
change  in  the  existing  departments.] 


284 


ADMINISTRATIVE  SYSTEM  LAW 


TITLE  II.  ADMINISTRATION. 

Section  I.  Department  administration. 

2.  There  shall  be  in  each  department  a prefect,  a council 
of  prefecture,  and  a department  general  council,  which  shall 
discharge  the  functions  now  performed  by  the  administrations 
and  department  commissioners. 

[The  remainder  of  the  article  provides  for  the  number  of 
members  in  the  councils  of  prefecture  and  the  department  gen- 
eral councils.  The  former  have  three,  four,  or  five  members; 
the  latter  have  sixteen,  twenty,  or  twenty-four  members-] 

3.  The  prefect  alone  shall  be  charged  with  the  adminis- 
tration. 

4.  The  council  of  prefecture  shall  pronounce : 

Upon  the  requests  of  individuals  seeking  to  obtain  the  dis- 
charge or  the  reduction  of  their  share  of  the  direct  taxes ; 

Upon  disputes  which  may  arise  betweeen  the  contractors 
for  public  works  and  the  administration  over  the  meaning 
or  execution  of  articles  in  their  contracts ; 

Upon  the  claims  of  individuals  who  shall  complain  of 
injuries  and  damages  proceeding  from  the  personal  acts  of 
the  contractors  and  not  the  acts  of  the  administration ; 

Upon  requests  and  contests  over  indemnities  due  to  indi- 
viduals by  reason  of  lands  taken  or  excavated  for  the  making 
of  roads,  canals,  and  other  public  works ; 

Upon  disputes  which  may  arise  in  the  matter  of  the 
great  highway  commission ; 

Upon  the  requests  which  shall  be  presented  by  city,  town 
or  village  communities  to  be  authorised  to  litigate; 

Finally,  upon  litigation  over  the  national  lands. 

5.  When  the  prefect  shall  attend  the  council  of  prefecture, 
he  shall  preside;  in  case  of  equal  division,  he  shall  have  the 
casting-vote. 

6.  The  department  general  council  shall  meet  each  year: 
the  time  of  its  meeting  shall  be  determined  by  the  Govern- 
ment; the  duration  of  its  session  cannot  exceed  fifteen  days. 

It  shall  appoint  one  of  its  members  for  president,  another 
for  secretary. 

It  shall  make  the  division  of  the  direct  taxes  among  the 
communal  districts  of  the  department. 


ADMINISTRATIVE  SYSTEM  LAW 


285 


It  shall  decide  upon  the  requests  for  reductions  made  by 
the  councils  of  the  districts,  cities,  towns,  and  villages. 

It  shall  determine,  within  the  limits  fixed  by  the  law,  the 
number  of  additional  centimes,  the  imposition  of  which  shall 
be  requested  for  the  expenses  of  the  department. 

It  shall  hear  the  annual  account  which  the  prefect  shall 
render  of  the  employment  of  the  additional  centimes  which 
shall  have  been  set  aside  for  these  expenses. 

It  shall  express  its  opinion  upon  the  condition  and  the 
needs  of  the  department  and  shall  address  it  to  The  minister  of 
the  interior. 

7.  A general  secretary  for  the  prefecture  shall  have  the 
custody  of  the  papers  and  shall  sign  the  documents. 

Section  II.  Communal  administration. 

8.  In  each  communal  district  there  shall  be  a sub-prefect 
and  a district  council  composed  of  eleven  members. 

9.  The  sub-prefect  shall  discharge  the  functions  now  per- 
formed by  the  municipal  administrations  and  the  cantonal 
commissioners,  with  the  exception  of  those  which  are  as- 
signed hereafter  to  the  district  council  and  the  municipalities. 

10.  The  district  council  shall  meet  each  year : the  time 
of  its  meeting  shall  be  determined  by  the  Government;  the  du- 
ration of  its  session  cannot  exceed  fifteen  days. 

It  shall  appoint  one  of  its  members  for  president  and  an- 
other for  secretary. 

It  shall  make  the  division  of  the  direct  taxes  among  the 
cities,  towns,  and  villages  of  the  district. 

It  shall  give  its  opinion,  with  a statement  of  reasons,  upon 
the  requests  for  discharge  which  shall  be  formulated  by  the 
cities,  towns  and  villages. 

It  shall  hear  the  annual  account  which  the  sub-prefect 
shall  render  of  the  employment  of  the  additional  centimes  set 
apart  for  the  expenses  of  the  district. 

It  shall  express  an  opinion  upon  the  condition  and  the 
needs  of  the  district  and  shall  address  it  to  the  prefect. 

11.  In  the  communal  districts  in  which  the  head-town  of 
the  department  shall  be  situated,  there  shall  not  be  any  sub- 
prefect. 

Section  III.  Municipalities. 

12.  In  the  cities,  towns,  and  other  places  for  which  there 


286 


ADMINISTRATIVE  SYSTEM  LAW 


are  now  a municipal  agent  and  deputy,  and  whose  popula- 
tion shall  not  exceed  two  thousand  five  hundred  inhabitants, 
there  shall  be  a mayor  and  a deputy ; in  the  cities  or  towns 
of  two  thousand  five  hundred  to  five  thousand  inhabitants, 
a mayor  and  two  deputies ; in  the  cities  of  five  thousand  to 
ten  thousand  inhabitants,  a mayor,  two  deputies,  and  a com- 
missioner of  police ; in  the  cities  whose  population  shall  ex- 
ceed ten  thousand  inhabitants,  besides  the  mayor,  two  dep- 
uties and  a commissioner  of  police,  there  shall  be  a deputy 
for  each  twenty  thousand  inhabitants  in  excess  and  a com- 
missioner for  each  ten  thousand  in  excess. 

13.  The  mayors  and  deputies  shall  discharge  the  admin- 
istrative functions  now  performed  by  the  municipal  agent 
and  the  deputy : in  relation  to  the  police  and  the  civil  state 
they  shall  discharge  the  functions  now  performed  by  the  mu- 
nicipal administrations  of  the  canton,  the  municipal  agents, 
and  the  deputies. 

14.  In  the  cities  of  one  hundred  thousand  inhabitants 
and  upwards,  there  shall  be  a mayor  and  a deputy  in  the 
place  of  each  municipal  administration;  there  shall  be  in 
addition  a commissioner-general  of  police,  to  whom  the  com- 
missioners of  police  shall  be  subordinate,  and  who  shall  be 
subordinate  to  the  prefect : nevertheless,  he  shall  execute  the 
orders  which  he  shall  receive  directly  from  the  minister  in 
charge  of  the  police. 

15.  There  shall  be  a municipal  council  in  each  city,  town, 
or  other  place  for  which  there  is  now  a municipal  agent  and  a 
deputy. 

The  number  of  its  members  shall  be  ten  in  the  places 
whose  population  does  not  exceed  two  thousand  five  hun- 
dred inhabitants ; twenty,  in  those  in  which  it  does  not  exceed 
five  thousand ; thirty,  in  those  in  which  the  population  is 
more  numerous. 

This  council  shall  meet  each  year  on  15  Pluviose  and 
can  remain  in  session  fifteen  days. 

It  can  be  assembled  extraordinarily  by  order  of  the  pre- 
fect. 

It  shall  hear  and  can  discuss  the  account  of  the  mu- 
nicipal receipts  and  expenditures  which  shall  be  rendered  by 


ADMINISTRATIVE  SYSTEM  LAW 


287 


the  mayor  to  the  sub-prefect,  who  shall  determine  it  defini- 
tively. 

It  shall  control  the  division  of  the  common  woods,  pas- 
tures, harvests,  and  fruits. 

It  shall  regulate  the  division  of  labor  necessary  for  the 
maintenance  and  repair  of  the  property  which  is  under  the 
control  of  the  inhabitants. 

It  shall  deliberate  upon  the  particular  and  local  needs  of 
the  municipality,  the  loans,  the  octrois  or  taxes  of  additional 
centimes  which  may  be  necessary  in  order  to  supply  these 
needs,  and  the  lawsuits  which  it  shall  be  expedient  to  insti- 
tute or  sustain  for  the  exercise  and  preservation  of  the  com- 
mon rights. 

16.  At  Paris,  in  each  of  the  municipal  districts,  a mayor 
and  two  deputies-  shall  be  charged  with  the  administrative 
part  and  with  the  functions  relative  to  the  civil  state. 

A prefect  of  police  shall  be  charged  with  what  concerns 
the  police  and  shall  have  under  his  orders  commissioners  dis- 
tributed in  the  twelve  municipalities. 

17.  At  Paris  the  department  council  shall  discharge  the 
functions  of  municipal  council. 

Section  IV.  Of  the  appointments. 

18.  The  First  Consul  shall  appoint  the  prefects,  the  coun- 
cillors of  prefecture,  the  members  of  the  general  councils  of 
the  departments,  the  general  secretary  for  the  prefecture,  the 
sub-prefects,  the  members  of  the  district  councils,  the  mayors 
and  deputies  of  the  cities  of  more  than  five  thousand  inhab- 
itants, the  commissioners-general  of  police  and  prefects  of 
police  m the  cities  in  which  they  shall  be  established. 

19.  The  members  of  the  general  councils  of  departments 
and  those  of  the  councils  of  the  communal  districts  shall  be 
appointed  for  three  years : they  can  be  continued- 

20.  The  prefects  shall  appoint  and  can  suspend  from  their 
functions  the  members  of  the  municipal  councils ; they  shall 
appoint  and  can  suspend  the  mayors  and  deputies  in  cities 
whose  population  is  less  than  five  thousand  inhabitants.  The 
members  of  the  municipal  councils  shall  be  appointed  for  three 
years : they  can  be  continued. 

Section  V.  Of  the  salaries. 

21.  In  the  cities  whose  population  does  not  exceed  fifteen 


288 


JUDICIAL  SYSTEM  LAW 


thousand  inhabitants,  the  salary  of  the  prefect  shall  be  eight 
thousand  francs ; 

In  those  of  fifteen  to  thirty  thousand  inhabitants,  it  shall 
be  twelve  thousand  francs  ; 

In  those  of  thirty  to  forty-five  thousand  inhabitants,  it 
shall  be  sixteen  thousand  francs ; 

In  those  of  forty-five  thousand  to  one  hundred  thousand, 
it  shall  be  twenty  thousand  francs ; 

In  those  of  one  hundred  thousand  and  upwards,  twenty- 
four  thousand  francs. 

At  Paris  it  shall  be  thirty  thousand  francs. 

22.  The  salary  of  the  councillors  for  the  prefecture  shall 
be  in  each  department  one-tenth  of  that  of  the  prefect;  it 
shall  be  twelve  hundred  francs  in  the  departments  in  which 
the  salary  of  the  prefect  shall  be  only  eight  thousand  francs. 

23.  The  salary  of  the  sub-prefects  in  the  cities  whose  pop- 
ulation shall  exceed  twenty  thousand  inhabitants  shall  be  four 
thousand  francs,  and  three  thousand  francs  in  the  others. 

24.  The  Government  shall  fix  for  each  department  the 
amount  of  the  office  expenses  which  shall  be  used  for  the  ad- 
ministration. 

[The  table  of  the  departments  and  communal  districts  is 
omitted.] 


61.  Law  for  Reorganizing  the  Judicial  System. 

March  18,  1800  (27  Ventose,  Year  VIII).  Duvergier,  Lois, 
XII,  151-163. 

By  this  measure  Napoleon  introduced  some  important  changes 
in  the  judicial  system  of  France  and  gave  it  substantially  the  form 
which  it  has  borne  ever  since. 

References.  Dickinson’s  Revolution  and  Reaction  in  Modern 
France,  44-45  ; Lanfrey,  Napoleon,  I,  441-446. 

For  an  adequate  idea  of  what  Napoleon  did  in  the  way  of  ju- 
dicial reform  his  codification  of  French  law  must  also  be  noticed. 
This  cannot  be  shown  here  by  documents,  but  some  of  the  follow- 
ing accounts  of  it  should  be  read  : Dickinson,  Revolution  and  Re- 
action in  Modern  France,  46 ; Fyffe,  Modern  Europe,  I,  258-260 
(Popular  ed.,  173-175);  Fournier,  Napoleon,  230-232;  Rose,  Na- 
poleon, I,  265-271  ; Sloane,  Napoleon,  II,  142-144 ; Lavisse  and 
Rambaud,  Histoire  Generate,  IX,  241-248. 


JUDICIAL  SYSTEM  LAW 


289 


TITLE  I.  GENERAL  PROVISIONS. 

1.  The  department  civil  and  criminal  tribunals  and  the 
tribunals  of  correctional  police  are  suppressed;  nevertheless, 
they  shall  continue  their  functions  until  the  installation  of  the 
new  tribunals. 

2.  There  is  nothing  changed,  however,  in  the  laws  con- 
cerning the  justices  of  the  peace  and  the  commercial  judges, 
v/ho  shall  continue  to  exercise  their  functions  until  it  has 
been  otherwise  ordered. 

TITLE  II.  OF  THE  TRIBUNALS  OF  FIRST  INSTANCE. 

6.  There  shall  be  established  a tribunal  of  first  instance 
per  communal  district. 

7.  The  tribunals  of  first  instance  shall  have  original  and 
final  jurisdiction  of  civil  matters  in  the  cases  determined  by 
law;  they  shall  likewise  have  jurisdiction  in  matters  of  cor- 
rectional police;  they  shall  pass  upon  appeals  from  the  judg- 
ments rendered  in  the  first  instance  by  the  justices  of  the 
peace. 


TITLE  III.  OF  THE  TRIBUNALS  OF  APPEAL. 

21.  There  shall  be  established  twenty-nine  tribunals  of 
appeal,  in  the  places  and  for  the  departments  as  follows : . . . 

22.  The  tribunals  of  appeal  shall  decide  upon  appeals  from 
judgments  in  first  instance  rendered  in  civil  matters  by  the 
district  tribunals  and  upon  appeals  from  judgments  of  first 
instance  rendered  by  the  commercial  tribunals. 

TITLE  IV.  OF  THE  CRIMINAL  TRIBUNALS. 

32.  There  shall  be  a criminal  tribunal  in  each  department. 

33.  The  criminal  tribunals  shall  have  jurisdiction,  as  in 
the  past,  over  all  criminal  cases ; they  shall  decide  upon  the 
appeals  from  the  judgments  rendered  by  the  tribunals  of  the 
first  instance  in  matters  of  correctional  police. 

TITLE  VI.  OF  THE  TRIBUNAL  OF  CASSATION. 

58.  The  tribunal  of  cassation  shall  sit  at  Paris  in  the  place 
determined  by  the  Government. 


10 


2Q0 


TREATY  OF  LUNEVILLE 


It  shall  be  composed  of  forty-eight  judges. 

60.  The  tribunal  shall  be  divided  into  three  sections,  each 
of  sixteen  judges. 

The  first  shall  decide  upon  the  admission  or  rejection  of 
petitions  in  cassation  or  as  to  prejudice,  and  definitively  upon 
the  applications  as  to  the  rulings  of  judges  and  as  to  transfers 
from  one  tribunal  to  another. 

The  second  shall  pronounce  definitively  upon  applications  in 
cassation  or  as  to  prejudice,  when  the  petitions  shall  have 
been  accepted. 

The  third  shall  pronounce  upon  the  applications  in  cas- 
sation in  criminal,  correctional  and  police  matters,  unless 
there  should  be  need  of  prior  judgment  of  admission. 

76.  Besides  the  functions  given  to  the  tribunal  of  cassa- 
tion by  article  65  of  the  constitution,  it  shall  pronounce  upon 
the  rulings  of  the  judges  when  conflict  arises  between  several 
tribunals  of  appeal  or  between  several  tribunals  of  first  in- 
stance not  resorting  to  the  same  tribunal  of  appeal. 

77.  There  is  no  opportunity  for  cassation  against  the 
judgments  in  the  last  resort  of  the  justices  of  the  peace,  ex- 
cept for  cause  of  incompetency  or  of  excess  of  power,  nor 
against  the  judgments  of  military  and  naval  tribunals,  except, 
likewise,  for  cause  of  incompetency  or  excess  of  power  pro- 
posed by  a non-military  citizen,  or  [one]  assimilated  to  the  mil- 
itary by  the  laws,  on  account  of  his  functions. 


62.  Treaty  of  Luneville. 

February  9,  1801  (20  Pluviose,  Year  IX).  De  Ciercq,  Traites, 
I,  424-429.  Translation,  James  Harvey  Robinson,  University  of 
Pennsylvania  Translations  and  Reprints. 

This  treaty  terminated  the  war  with  Austria  which  had  been 
renewed  while  Napoleon  Bonaparte  was  in  Egypt.  It  should  be 
compared  with  No.  55. 

References.  Kyffe,  Modern  Europe,  I,  225-226  (Popular  ed., 
152)  : Fournier,  Napoleon,  206-208;  Sioane,  Napoleon,  II,  125-126; 
I.avisse  and  Rambaud,  Htstoire  Generate,  IX,  51-52. 


TREATY  OF  LUNEVILLE 


291 


Maps.  Droysen.  Historischer  Hand-Atlas,  48  ; Lane-Poole,  His- 
torical Atlas  of  Modern  Europe,  XI , Schrader,  Atlas  de  Geogra- 
phic Historique,  48. 

His  Majesty  the  Emperor,  the  King  of  Hungary  and  of 
Bohemia,  and  the  First  Consul  of  the  French  Republic,  in 
the  name  of  the  French  people,  induced  by  a common  desire 
to  put  an  end  to  the  evils  of  war,  have  resolved  to  proceed 
to  the  conclusion  of  a definitive  treaty  of  peace  and  amity. 
His  said  Imperial  and  Royal  Majesty  desiring  no  less  sincerely 
to  extend  the  benefits  of  peace  to  the  German  Empire,  and 
the  existing  conditions  not  affording  the  necessary  time  for 
consulting  the  Empire,  or  permitting  its  representatives  to 
take  part  in  the  negotiations,  has  resolved,  in  view  of  the 
concessions  made  by  the  Deputation  of  the  Empire  at  the 
recent  Congress  of  Rastadt,  to  treat  in  the  name  of  the  Ger- 
man Union,  as  has  happened  before  under  similar  circum- 
stances. 

1.  Peace,  amity  and  a good  understanding  shall  hereafter 
exist  forever  between  His  Majesty  the  Emperor,  King  of 
Hungary  and  of  Bohemia,  acting  both  in  his  own  name  and  in 
that  of  the  German  Empire,  and  the  French  Republic ; His 
Majesty  agreeing  that  the  said  Empire  shall  ratify  the  present 
treaty  in  due  form.  The  contracting  parties  shall  make  every 
effort  to  maintain  a perfect  agreement  between  themselves, 
and  to  prevent  the  commission  of  any  acts  of  hostility  by  land 
or  sea  upon  any  ground  or  pretence  whatsoever ; striving  in 
every  way  to  maintain  the  concord  thus  happily  re-established. 
No  aid  or  protection  shall  be  given  either  directly  or  indirectly 
to  any  one  attempting  to  injure  either  of  the  contracting  par- 
ties. 

2.  The  cession  of  the  former  Belgian  Provinces  to  the 
French  Republic,  stipulated  in  Article  3 of  the  Treaty  of 
Campo  Formio,  is  renewed  here  in  the  most  solemn  manner. 
His  Majesty  the  Emperor  and  King  therefore  renounces  for 
himself  and  his  successors,  as  well  on  his  own  part  as  on  that 
of  the  German  Empire,  all  right  and  title  to  the  above  speci- 
fied provinces,  which  shall  be  held  in  perpetuity  by  the  French 
Republic  in  full  sovereignty  and  proprietary  right,  together 


292 


TREATY  OF  LUNEVILLE 


with  all  territorial  possessions  belonging  to  them.  His  Im- 
perial and  Royal  Majesty  cedes  likewise  to  the  French  Re- 
public, with  the  due  consent  of  the  Empire:  i.  The  County 
of  Falkenstein  with  its  dependencies;  2.  The  Frickthal  and  all 
the  territory  upon  the  left  bank  of  the  Rhine  between  Zurzach 
and  Basle  belonging  to  the  House  of  Austria;  the  French  Re- 
public reserving  the  future  cession  of  this  district  to  the  Hel- 
vetian Republic. 

3.  Moreover,  in  confirmation  of  Article  6 of  the  Treaty 
of  Campo  Formio,  His  Majesty  the  Emperor  and  King  shall 
possess  in  full  sovereignty  and  proprietary  right  the  countries 
enumerated  below,  to  wit : Istria,  Dalmatia  and  the  Islands  of 
the  Adriatic,  formerly  belonging  to  Venice,  dependent  upon 
them;  the  Mouths  of  the  Cattaro,  the  City  of  Venice,  the  La- 
gunes,  and  the  territory  included  between  the  hereditary  States 
of  His  Majesty  the  Emperor  and  King,  the  Adriatic  Sea  and 
the  Adige  from  the  point  where  it  leaves  Tyrol  to  that  where 
it  flows  into  the  Adriatic,  the  Thalweg  of  the  Adige  forming 
the  boundary  line.  And  since  by  this  line  the  cities  of  Verona 
and  Porto-Legnago  are  separated  into  two  parts,  draw-bridges 
indicating  the  frontier  shall  be  established  in  the  middle  of 
the  bridges  connecting  the  two  parts  of  the  said  towns. 

4.  Article  18  of  the  Treaty  of  Campo  Formio  is  likewise 
renewed  inasmuch  as  His  Majesty  the  Emperor  and  King 
agrees  to  cede  to  the  Duke  of  Modena,  as  an  indemnity  for 
the  territory  which  this  prince  and  his  heirs  possessed  in 
Italy,  the  Breisgau,  which  he  shall  possess  upon  the  same  con- 
ditions as  those  upon  which  he  held  Modena. 

5.  It  is  further  agreed  that  His  Royal  Highness  the  Grand 
Duke  of  Tuscany  shall  renounce  for  himself,  his  successors  or 
possible  claimants,  the  Grand  Duchy  of  Tuscany  and  that  part 
of  the  Island  of  Elba  belonging  to  it,  as  well  as  all  rights 
and  titles  resulting  from  the  possession  of  the  said  states, 
which  shall  hereafter  be  held  in  full  sovereignty  and  propri- 
etary right  by  His  Royal  Highness  the  Infante  Duke  of  Parma. 
The  Grand  Duke  shall  receive  a complete  and  full  indemnity 
in  Germany  for  the  loss  of  his  state  in  Italy. 

6.  His  Majesty  the  Emperor  and  King,  consents  not  only 
on  his  part  but  upon  the  part  of  the  German  Empire  that  the 


TREATY  OF  LTINEVILLE 


293 


French  Republic  shall  hereafter  possess  in  full  sovereignly  and 
proprietary  right  the  territory  and  domains  lying  on  the  left 
bank  of  the  Rhine  and  forming  a part  of  the  German  Empire, 
so  that,  in  conformity  with  the  concessions  granted  by  the 
Deputation  of  the  Empire  at  the  Congress  of  Rastadt  and 
approved  by  the  Emperor,  the  Thalweg  of  the  Rhine  shall 
hereafter  form  the  boundary  between  the  French  Republic  and 
the  German  Empire  from  that  point  where  the  Rhine  leaves 
Helvetian  territory  to  the  point  where  it  reaches  Batavian  ter- 
ritory. In  view  of  this  the  French  Republic  formally  re- 
nounces all  possessions  whatsoever  upon  the  right  bank  of 
the  Rhine  and  agrees  to  restore  to  their  owners  the  following 
places : Dusseldorf,  Ehrenbreitstein,  Philippsburg,  the  fortress 
of  Cassel  and  other  fortifications  across  from  Mainz  on  the 
right  bank  of  the  stream,  and  the  fortress  of  Kehl  and  Alt 
Breisach,  under  the  express  provision  that  these  places  and 
forts  shall  continue  to  exist  in  the  condition  in  which  they  are 
left  at  the  time  of  the  evacuation. 

7.  Since  in  consequence  of  this  cession  made  by  the  Em- 
pire to  the  French  Republic  various  Princes  and  States  of 
the  Empire  find  themselves  individually  dispossessed  in  part 
or  wholly  of  their  territory,  while  the  German  Empire  should 
collectively  support  the  losses  resulting  from  the  stipulations 
of  the  present  treaty,  it  is  agreed  between  His  Majesty  the 
Emperor  and  King  (both  on  his  part  and  upon  the  part  of 
the  German  Empire)  and  the  French  Republic  that,  in  accord- 
ance with  the  principles  laid  down  at  the  Congress  of  Rastadt, 
the  Empire  shall  be  bound  to  furnish  the  hereditary  princes 
who  have  lost  possessions  upon  the  left  bank  of  the  Rhine  an 
indemnity  within  the  Empire,  according  to  such  arrangements 
as  shall  be  determined  later  in  accordance  with  the  stipulations 
here  made. 

11.  The  present  treaty  of  peace  ...  is  declared  to  be 
common  to  the  Batavian,  Helvetian,  Cisalpine  and  Ligurian 
Republics.  The  contracting  parties  mutually  guarantee  the 
independence  of  the  said  republics  and  the  freedom  of  the  in- 
habitants of  the  said  countries  to  adopt  such  form  of  govern- 
ment as  they  shall  see  fit. 

12.  His  Majesty  the  Emperor  and  King  renounces  for 


294 


TREATY  OF  AMIENS 


himself  and  for  his  successors  in  favor  of  the  Cisalpine  Re- 
public all  rights  and  titles  depending  upon  such  rights,  which 
His  Majesty  might  assert  over  the  territories  in  Italy  which 
he  possessed  before  the  war  and  which,  according  to  the  terms 
of  Article  8 of  the  Treaty  of  Campo  Formio,  now  form  a 
part  of  the  Cisalpine  Republic  which  shall  hold  them  in  full 
sovereign  and  proprietary  right  together  with  all  the  territorial 
possessions  dependent  upon  them. 

13.  His  Majesty  the  Emperor  and  King  confirms  both  in 
his  own  name  and  in  the  name  of  the  German  Empire  the 
sanction  already  given  by  the  Treaty  of  Campo  Formio  to  the 
union  of  the  former  Imperial  Fiefs  to  the  Ligurian  Republic 
and  renounces  all  claims  and  titles  resulting  from  these  claims 
upon  the  said  fiefs. 


63.  Treaty  of  Amiens. 


March  27,  1802.  Hansard,  •Parliamentary  History,  XXXVI, 
558-563. 

As  the  result  of  this  treaty  France  was  left  at  peace  with  all 
Europe,  for  the  first  time  in  ten  years.  The  peace,  however,  last- 
ed only  fifteen  months.  A careful  study  of  the  document,  with  due 
attention  to  the  situation  of  Europe  at  the  time,  should  do  much 
to  show  why  the  war  was  so  soon  renewed.  Both  the  omissions  of 
the  document  and  the  vague  character  of  some  of  its  provisions 
call  for  attention. 


References.  Fyffe,  Modern  Euro  lie,  I,  236-238  (Popular  ed., 
159-160)  ; Fournier,  Napoleon,  214-220 ; Rose,  Napoleon,  I,  Ch. 
xiv : Sloane,  Napoleon,  II,  135-136,  167-169  ; Lanfrey,  Napoleon, 
II,  129-148,  187-189  ; Lavisse  and  Rambaud,  Histoire  Generate, 
IX,  60-62. 


His  majesty  the  king  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  and  the  first  consul  of  the  French  Re- 
public, in  the  name  of  the  French  people,  being  animated  with 
an  equal  desire  to  put  an  end  to  the  calamities  of  war,  have 
laid  the  foundation  of  peace  in  the  preliminary  articles  signed 
at  London  the  1st  of  October,  1801  (ninth  Vendemiaire,  year 
ten)  ; . . . 

1.  There  shall  be  peace,-  friendship  and  good  understand- 


TREATY  OF  AMIENS 


295 


ing,  between  his  majesty  the  king  of  the  united  kingdom  of 
Great  Britain  and  Ireland,  his  heirs  and  successors,  on  the  one 
part;  and  the  French  republic,  his  majesty  the  king  of  Spain, 
his  heirs  and  successors,  and  the  Batavian  republic,  on  the 
other  part. 

3.  His  Britannic  majesty  restores  to  the  French  republic 
and  her  allies,  namely,  his  Catholic  majesty  and  the  Batavian 
republic,  all  the  possessions  and  colonies  which  belonged  to 
them  respectively,  and  which  had  been  occupied  or  conquered 
by  the  British  forces  in  the  course  of  the  war,  with  the  ex- 
ception of  the  island  of  Trinidad,  and  the  Dutch  possessions 
in  the  island  of  Ceylon. 

4.  His  Catholic  majesty  cedes  and  guarantees,  in  full 
right  and  sovereignty,  to  his  Britannic  majesty,  the  island  of 
Trinidad. 

5.  The  Batavian  republic  cedes  and  guarantees,  in  full 
right  and  sovereignty,  to  his  Britannic  majesty,  all  the  pos- 
sessions and  establishments  in  the  island  of  Ceylon,  which 
belonged  before  the  war  to  the  republic  of  the  United  Prov- 
inces, or  to  their  East  India  company. 

6.  The  Cape  of  Good  Hope  remains  in  full  sovereignty  to 
the  Batavian  republic,  as  it  was  before  the  war. 

7.  The  territories  and  possessions  of  her  most  faithful 
majesty  [of  Portugal]  are  maintained  in  their  integrity,  such 
as  they  were  previous  to  the  commencement  of  the  war.  . . . 

8.  The  territories,  possessions  and  rights  of  the  Ottoman 
Porte,  are  hereby  maintained  in  their  integrity,  such  as  they 
were  previous  to  the  war. 

9.  The  republic  of  the  Seven  Islands  is  hereby  acknowl- 
edged. 

10.  The  islands  of  Malta,  Gozo,  and  Comino,  shall  be 
restored  to  the  order  of  St.  John  of  Jerusalem,  and  shall  be 
held  by  it  upon  the  same  conditions  on  which  the  order  held 
them  previous  to  the  war,  and  under  the  following  stipulations : 

4th.  The  forces  of  his  Britannic  majesty  shall  evacuate 
the  island  and  its  dependencies  within  three  months  after  the 
exchange  of  ratifications,  or  sooner  if  it  can  be  done.  At 
that  period  the  island  shall  be  delivered  up  to  the  order  in 


296 


NAPOLEON  AND  RELIGION 


the  state  in  which  it  now  is,  provided  that  the  grand  master, 
or  commissioners  fully  empowered,  according  to  the  statutes 
of  the  order,  be  upon  the  island  to  receive  possession,  and 
that  the  force  to  be  furnished  by  his  Sicilian  majesty,  as  here- 
after stipulated,  be  arrived  there. 

18.  The  branch  of  the  House  of  Nassau,  which  was  es- 
tablished in  the  republic,  formerly  called  the  republic  of  the 
United  Provinces,  and  now  the  Batavian  republic,  having 
suffered  losses  there,  as  well  in  private  property  as  in  con- 
sequence of  the  change  of  constitution  adopted  in  that  coun- 
try, an  adequate  compensation  shall  be  procured  for  the  said 
branch  of  the  House  of  Nassau  for  the  said  losses. 

19.  The  present  definitive  treaty  of  peace  is  declared 
common  to  the  Sublime  Ottoman  Porte,  the  ally  of  His  Brit- 
annic Majesty  and  the  Sublime  Porte  shall  be  invited  to 
transmit  its  act  of  accession  thereto  in  the  shortest  delay 
possible. 


64.  Documents  upon  Napoleon  and  the  Reorganization  of 
Religion. 

At  the  beginning  of  the  Consulate  the  religious  institutions  of 
France  were  in  a state  of  hopeless  confusion.  These  documents 
show  the  general  character  of  the  reorganization  effected  by  Na- 
poleon. Document  A is  the  compact  between  France  and  the  Pa- 
pacy which  still  controls  the  position  of  the  Roman  Catholic 
Church  in  France.  The  two  dates  ascribed  to  it  represent  those 
of  its  signature  by  the  French  and  papal  envoys  and  of  its  pro- 
mulgation in  France.  Document  B was  purely  a French  legislative 
act ; the  consent  of  the  Pope  was  neither  asked  nor  given.  Docu- 
ment D did  for  the  two  recognized  Protestant  sects  what  the  other 
documents  did  for  the  Roman  Catholic  Church.  In  1808  a similar 
arrangement  was  made  for  the  Jews. 

References.  Fyffe,  Modern  Europe,  I,  260-265  (Popular  ed., 
175-178)  ; Fournier,  Napoleon,  II,  211-213  ; Rose,  Napoleon,  I,  249- 
262;  Lanfrey,  Napoleon,  II,  153-173;  Wells.  American  Historical 
Association,  Annual  Report  for  1895,  469-485  ; Aulard,  Revolution 
Francaise,  Part  IV,  Ch.  hi  ; Lavisse  and  Itambaud,  Flistoire  Gen- 
crale,  IX,  255-273  ; Debidour,  L’Eylise  et  VEtat,  Part  I,  Ch.  vi. 


A.  The  Concordat.  September  10,  1801-April  8,  1802 


NAPOLEON  AND  RELIGION 


297 


(23  Fructidor,  Year  IX— 18  Germinal,  Year  X).  Duvergier, 
Lois,  XIII,  89-91. 

The  First  Consul  of  the  French  Republic  and  His  Holiness 
the  Sovereign  Pontiff  Pius  VII  have  appointed  as  their  re- 
spective plenipotentiaries : . 

Who,  after  the  exchange  of  their  respective  full  powers, 
have  arranged  the  following  convention : 

Convention  between  the  French  Government  and 
His  Holiness  Pius  VII. 

The  Government  of  the  French  Republic  recognizes  that 
the  Roman,  Catholic  and  Apostolic  religion  is  the  religion  of 
the  great  majority  of  French  citizens. 

His  Holiness  likewise  recognizes  that  this  same  religion  has 
derived  and  in  this  moment  again  expects  the  greatest  benefit 
and  grandeur  from  the  establishment  of  the  Catholic  worship 
in  France  and  from  the  personal  profession  of  it  which  the 
Consuls  of  the  Republic  make. 

In  consequence,  after  this  mutual  recognition,  as  well  for 
the  benefit  of  religion  as  for  the  maintenance  of  internal  tran- 
quality,  they  have  agreed  as  follows : 

1.  The  Catholic,  Apostolic  and  Roman  religion  shall  be 
freely  exercised  in  France : its  worship  shall  be  public,  and 
in  conformity  with  the  police  regulations  which  the  Govern- 
ment shall  deem  necessary  for  the  public  tranquility. 

2.  A new  circumscription  of  the  French  dioceses  shall  be 
made  by  the  Holy  See  in  concert  with  the  Government. 

3.  His  Holiness  shall  declare  to  the  titular  French  bish- 
ops that  he  with  firm  confidence  expects  from  them,  for 
the  benefit  of  peace  and  unity,  every  sort  of  sacrifice,  even  that 
of  their  sees. 

After  this  exhortation,  if  they  should  refuse  this  sacrifice 
required  for  the  welfare  of  the  Church  (a  refusal  which  His 
Holiness,  nevertheless,  does  not  expect),  provision  shall  be 
made  for  the  government  of  the  bishoprics  of  the  new  cir- 
cumscription by  new  titularies  in  the  following  manner : 

4.  The  First  Consul  of  the  Republic  shall  make  appoint- 
ments, within  the  three  months  which  shall  follow  the  publica- 
tion of  the  bull  of  His  Holiness,  to  the  archbishoprics  and 
bishoprics  of  the  new  circumscription.  His  Holiness  shall 


2g8 


NAPOLEON  AND  RELIGION 


confer  the  canonical  institution,  following  the  forms  estab- 
lished in  relation  to  France  before  the  change  of  Government. 

5.  The  nominations  to  the  bishoprics  which  shall  be  va- 
cant in  the  future  shall  likewise  be  made  by  the  First  Consul, 
and  the  canonical  institution  shall  be  given  by  the  Floly  See. 
in  conformity  with  the  preceding  article. 

6.  Before  entering  upon  their  functions,  the  bishops  shall 
take  directly,  at  the  hands  of  the  First  Consul,  the  oath  of 
fidelity  which  was  in  use  before  the  change  of  Government, 
expressed  in  the  following  terms : 

“I  swear  and  promise  to  God,  upon  the  Holy  Scriptures, 
to  remain  in  obedience  and  fidelity  to  the  Government  estab- 
lished by  the  constitution  of  the  French  Republic.  I also 
promise  not  to  have  any  intercourse,  nor  to  assist  by  any 
counsel,  nor  to  support  any  league,  either  within  or  without, 
which  is  inimical  to  the  public  tranquility;  and  if,  within  my 
diocese  or  elsewhere,  I learn  that  anything  to  the  prejudice  of 
the  State  is  being  contrived,  I will  make  it  known  to  the 
Government.” 

7.  The  ecclesiastics  of  the  second  rank  shall  take  the  same 
oath  at  the  hands  of  the  civil  authorities  designated  by  the 
Government. 

8.  The  following  form  of  prayer  shall  be  repeated  at  the 
end  of  divine  service  in  all  the  Catholic  churches  of  France : 
Demine,  salvam  fac  Rempublicam ; Domine,  salvos  fac  Consum- 
es. 

g.  The  bishops  shall  make  a new  circumscription  of  the 
parishes  of  their  dioceses,  which  shall  have  effect  only  after 
the  consent  of  the  Government. 

10.  The  bishops  shall  appoint  the  cures. 

11.  The  bishops  can  have  a chapter  in  their  cathedrals 
and  a seminary  for  their  dioceses,  without  the  Government 
being  under  obligation  to  endow  them. 

12.  All  the  metropolitan,  cathedral,  parochial  and  other 
non-alienated  churches  needed  for  worship  shall  be  again 
placed  at  the  disposal  of  the  bishops. 

13.  Flis  Holiness,  in  the  interest  of  peace  and  the  happy 
re-establishment  of  the  Catholic  religion,  declares  that  neither 
he  nor  his  successors  will  disturb  in  any  manner  the  pur- 
chasers of  the  alienated  ecclesiastical  estates,  and  that,  in 


NAPOLEON  AND  RELIGION 


299 


consequence,  the  ownership  of  these  same  estates,  the  rights 
and  revenues  attached  to  them,  shall  be  indefeasible  in  their 
hands  and  in  those  of  their  assigns. 

14.  The  Government  shall  settle  a suitable  stipend  upon 
the  bishops  and  cures  whose  dioceses  and  parishes  shall  be 
included  in  the  new  circumscription. 

15.  The  Government  shall  likewise  take  measures  in  order 
that  French  Catholics,  if  they  desire,  may  act  in  favor  of 
church  foundations. 

16.  His  Holiness  recognizes  in  the  First  Consul  of  the 
French  Republic  the  same  rights  and  prerogatives  which  the 
old  Government  before  it  enjoyed. 

17.  It  is  agreed  between  the  contracting  parties  that  in  case 
any  one  of  the  successors  of  the  present  First  Consul  shall 
not  be  Catholic,  the  rights  and  prerogatives  mentioned  in  the 
article  above  and  the  nomination  to  bishoprics  shall  be  regu- 
lated, as  regards  him,  by  a new  convention. 

The  ratifications  shall  be  exchanged  at  Paris  within  the 
space  of  forty  days. 

Done  at  Paris,  26  Messidor,  Year  IX. 

B.  Organic  Articles  for  the  Catholic  Church.  April  8, 
1802  (18  Germinal,  Year  X).  Duvergier,  Lois,  XIII,  91-101. 

TITLE  I.  OF  THE  REGIME  OF  THE  CATHOLIC  CHURCH  IN  ITS  RE- 
LATIONS WITH  THE  RIGHTS  AND  THE  POLICE  OF  THE  STATE. 

1.  No  bull,  brief,  rescript,  decree,  injunction,  provision, 
signature  serving  as  a provision,  nor  other  documents  from  the 
court  of  Rome,  even  concerning  individuals  only,  can  be  re- 
ceived, published,  printed,  or  otherwise  put  into  effect,  with- 
out the  authorisation  of  the  Government. 

2.  No  person  calling  himself  nuncio,  legate,  vicar  or  apos- 
tolic commissioner,  or  taking  advantage  of  any  other  denom- 
ination can,  without  the  same  authorisation,  exercise  upon 
French  soil  or  elsewhere  any  function  relative  to  the  affairs 
of  the  Gallican  Church. 

3.  The  decrees  of  foreign  synods,  even  those  of  general 
councils,  cannot  be  published  in  France  before  the  Government 
has  examined  their  form,  their  conformity  with  the  laws, 
rights,  and  liberties  of  the  French  Republic,  and  everything 


300 


NAPOLEON  AND  RELIGION 


which,  in  their  publication,  may  alter  or  affect  the  public  tran- 
quility. 

4.  No  national  or  metropolitan  council,  no  diocesan  synod, 
no  deliberative  assembly,  shall  take  place  without  the  express 
permission  of  the  Government. 

5.  All  the  ecclesiastical  offices  shall  be  gratuitous,  saving 
the  offerings  which  may  be  authorised  and  fixed  by  the  regu- 
lations. 

6.  There  shall  be  recourse  to  the  Council  of  State  in  every 
case  of  breach  of  trust  on  the  part  of  the  superiors  and  other 
ecclesiastical  persons. 

The  cases  of  breach  of  trust  are  usurpation  or  excess  of 
power,  contravention  of  the  laws  and  regulations  of  the  Re- 
public, infraction  of  the  rules  sanctioned  by  the  canons  re- 
ceived in  France,  attack  upon  the  liberties,  privileges  and  cus- 
toms of  the  Gallican  Church,  and  every  undertaking  or  any 
proceeding  which  in  the  exercise  of  worship  can  compromise 
the  honor  of  the  citizens,  disturb  arbitrarily  their  consciences, 
or  degenerate  into  oppression  or  injury  against  them  or  into 
public  scandal. 


TITLE  II.  OF  THE  MINISTERS. 

Section  I.  General  provisions. 

9.  The  Catholic  worship  shall  be  carried  on  under  the  di- 
rection of  the  archbishops  and  bishops  in  their  dioceses,  and 
under  that  of  the  cures  in  their  parishes. 

10.  Every  privilege  involving  exemption  from  or  attribu- 
tion of  the  episcopal  jurisdiction  is  abolished. 

11.  The  archbishops  and  bishops  shall  be  able,  with  the 
authorisation  of  the  Government,  to  establish  cathedral  chap- 
ters and  seminaries  in  their  dioceses.  All  other  ecclesiastical 
establishments  are  suppressed. 

12.  The  archbishops  and  bishops  shall  be  free  to  add  to 
their  name  the  title  of  Citizen  or  that  of  Monsieulr.  All  other 
designations  are  forbidden. 

Section  II.  Of  the  archbishops  or  metropolitans. 

13.  The  archbishops  shall  consecrate  and  install  their  suf- 
fragans. In  case  of  hindrance  or  of  refusal  on  their  part,  they 


NAPOLEON  AND  RELIGION 


301 


shall  be  acted  for  by  the  senior  bishop  of  the  metropolitan 
district. 

Section  III.  Of  the  bishops,  the  vicars  general  and  the 
seminaries. 

16.  No  one  can  be  appointed  bishop  before  reaching  thirty 
years  of  age,  nor  unless  he  is  of  French  origin. 

18.  The  priest  appointed  by  the  First  Consul  shall  institute 
proceedings  in  order  to  procure  investiture  from  the  Pope. 

He  cannot  exercise  any  function  until  the  bull  declaring 
his  investiture  has  received  the  attestation  of  the  Govern- 
ment and  until  he  has  personally  taken  the  oath  prescribed  by 
the  convention  agreed  to  by  the  French  Government  and  the 
Holy  See. 

This  oath  shall  be  delivered  to  the  First  Consul ; there 
shall  be  a record  of  it  drawn  up  by  the  Secretary  of  State. 

19.  The  bishops  shall  appoint  and  install  the  cures ; never- 
theless, they  shall  not  make  known  their  appointment  and 
they  shall  not  give  them  the  canonical  investiture  until  after 
this  appointment  shall  have  been  agreed  to  by  the  First  Consul. 

20.  They  shall  be  required  to  reside  in  their  dioceses ; 
they  cannot  leave  them,  except  with  the  permission  of  the  First 
Consul. 

23.  The  bishops  shall  be  charged  with  the  organization  of 
their  seminaries,  and  the  regulations  for  this  organization 
shall  be  submitted  to  the  approbation  of  the  First  Consul. 

24.  Those  who  shall  be  chosen  to  give  instruction  in  the 
seminaries  shall  subscribe  to  the  declaration  made  by  the 
clergy  of  France  in  1682  and  published  in  an  edict  of  the 
same  year:  they  shall  consent  to  teach  in  them  the  doctrine 
contained  therein,  and  the  bishops  shall  address  a copy  in  due 
form  to  the  Councillor  of  State  charged  with  all  matters 
relating  to  worship. 

26.  They  shall  not  ordain  any  ecclesiastic,  unless  he  proves 
that  he  has  property  producing  an  annual  revenue  of  at  least 
three  hundred  francs,  that  he  has  reached  the  age  of  twenty- 


302 


NAPOLEON  AND  RELIGION 


five  years,  and  that  he  meets  the  qualifications  required  by  the 
canons  received  in  France. 

The  bishops  shall  not  make  any  ordinations  until  the 
number  of  persons  to  be  ordained  has  been  submitted  to  the 
Government  and  agreed  to  by  it. 

Section  IV.  Of  the  cures. 

27.  The  cures  shall  enter  upon  their  functions  only  after 
having  taken  at  the  hands  of  the  prefect  the  oath  prescribed 
by  the  convention  agreed  to  by  the  Government  and  the  Holy 
See.  A minute  of  this  oath-taking  shall  be  drawn  up  by  the 
general  secretary  of  the  prefecture  and  collated  copies  of  it 
shall  be  delivered  to  them. 


29.  They  shall  be  required  to  reside  in  their  parishes. 

32.  No  foreigner  can  be  employed  in  the  functions  of  the 
ecclesiastical  ministry  without  the  permission  of  the  Govern- 
ment. 

33.  All  employment  is  forbidden  to  every  ecclesiastic,  even 
French,  who  does  not  belong  to  any  one  diocese. 

Section  V.  Of  the  cathedral  chapters,  and  the  govern- 
ment of  the  dioceses  during  the  vacancy  of  a see. 

35.  The  archbishops  and  bishops  who  shall  desire  to  make 
use  of  the  privilege  which  is  given  them  to  establish  chapters 
shall  not  do  it  without  having  procured  the  authorisation  of 
the  Government,  as  well  for  the  establishment  itself  as  for 
the  number  and  the  choice  of  the  ecclesiastics  designated  to 
constitute  it. 


TITLE  III.  OF  THE  WORSHIP. 

39.  There  shall  be  only  one  liturgy  and  one  catechism  for 
all  the  Catholic  churches  of  France. 

41.  No  religious  festival,  with  the  exception  of  the  Sab- 
bath, can  be  established  without  the  permission  of  the  Gov- 
ernment. 


NAPOLEON  AND  RELIGION 


30.3 


43.  All  the  ecclesiastics  shall  be  dressed  in  French  fashion 
and  in  black. 

The  bishops  can  add  to  this  costume  the  pastoral  cross 
and  violet  stockings. 

44.  Family  chapels  and  private  oratories  cannot  be  estab- 
lished without  the  express  permission  of  the  Government, 
granted  upon  the  request  of  the  bishop. 

45.  In  the  cities  in  which  there  are  temples  set  aside  for 
different  sects,  no  Catholic  religious  ceremony  shall  occur  out- 
side of  the  edifices  consecrated  to  the  Catholic  worship. 

46.  A single  temple  can  be  consecrated  to  only  a single 
worship. 

47.  There  shall  be  in  the  cathedrals  and  parish  churches 
a place  of  distinction  for  Catholic  persons  who  occupy  the 
civil  and  military  posts. 

48.  The  bishop  shall  co-operate  with  the  prefect  in  order  to 
regulate  the  manner  of  calling  the  faithful  to  divine  service 
by  the  sound  of  the  bells ; no  one  can  sound  them  for  any 
other  purpose  without  the  permission  of  the  local  police. 

49.  When  the  Government  shall  order  public  prayers  the 
bishops  shall  co-operate  with  the  prefect  and  the  military  com- 
mandant of  the  place  as  to  the  day,  hour  and  manner  of  carry- 
ing into  effect  these  orders. 

50.  The  formal  addresses  called  sermons  and  those  known 
under  the  name  of  stations  of  Advent  and  of  Lent  shall  be 
given  only  by  the  priests  who  have  received  a special  authori- 
sation for  it  from  the  bishop. 

51.  The  cures  at  the  sermons  of  the  parochial  masses  shall 
pray  and  cause  prayer  to  be  offered  for  the  French  Republic 
and  for  the  Consuls. 

52.  They  shall  not  permit  themselves  in  their  teaching  any 
direct  or  indirect  inculpation  either  of  individuals  or  of  the 
other  sects  authorised  in  the  State. 

53.  They  shall  not  make  in  the  sermon  any  publication 
foreign  to  the  exercise  of  worship,  except  those  which  shad 
be  ordered  by  the  Government. 

54.  They  shall  give  the  nuptial  benediction  only  to  those 
who  shall  prove  in  good  and  due  form  that  they  have  con- 
tracted marriage  before  the  civil  officer. 


304 


NAPOLEON  AND  RELIGION 


56.  In  all  religious  and  ecclesiastical  documents  the  em- 
ployment of  the  equinoctial  calendar,  established  by  the  laws 
of  the  Republic,  shall  be  obligatory ; the  days  shall  be  desig- 
nated by  the  names  which  they  had  in  the  solstitial  calendar. 

5 7.  The  rest  for  the  public  functionaries  shall  be  fixed 
upon  Sunday. 

TITLE  IV.  OF  THE  CIRCUMSCRIPTION  OF  THE  ARCHBISHOPRICS, 
BISHOPRICS,  AND  PARISHES  ; OF  THE  EDIFICES  INTENDED 
FOR  WORSHIP  AND  OF  THE  STIPEND  OF  THE  MINISTERS. 

Section  I.  Of  the  circumscription  of  the  archbishoprics 
and  bishoprics. 

58.  There  shall  be  in  France  ten  archbishoprics  or  metro- 
politanates and  fifty  bishoprics. 

Section  III.  Of  the  compensation  of  the  ministers. 

64.  The  stipend  of  the  archbishops  shall  be  fifteen  thous- 
and francs. 

65.  The  stipend  of  the  bishops  shall  be  ten  thousand  francs. 

66.  The  cures  shall  be  divided  into  two  classes : 

The  stipend  of  the  cures  of  the  first  class  shall  be  fixed  at 
.fifteen  hundred  francs  and  that  of  the  cures  of  the  second 
class  at  a thousand  francs. 

68.  The  vicars  and  officiating  priests  shall  be  chosen  from 
among  the  ecclesiastics  pensioned  in  carrying  into  effect  the 
laws  of  the  Constituent  Assembly. 

The  amount  of  these  pensions  and  the  product  of  the  offer- 
ings shall  form  their  stipend. 

69.  The  bishops  shall  draw  up  projects  for  the  regula- 
tions relative  to  the  offerings  which  the  ministers  of  the 
sect  are  authorised  to  receive  for  the  administration  of  the 
sacraments.  The  projects  for  regulations  drawn  up  by  the 
bishops  cannot  be  published,  nor  otherwise  put  into  effect, 
until  after  having  been  approved  by  the  Government. 

70.  Every  ecclesiastic  pensioned  by  the  State  shall  be  de- 
prived of  his  pension  if  he  refuses,  without  legitimate  cause, 
the  functions  which  shall  be  entrusted  to  him. 

73.  Endowments  which  have  for  their  purpose  the  support 
of  the  ministers  and  the  carrying  on  of  worship  shall  consist 


NAPOLEON  AND  RELIGION 


305 


only  of  revenues  settled  upon  the  State : they  shall  be  ac- 
cepted by  the  diocesan  bishop  and  can  be  carried  out  only  with 
the  authorisation  of  the  Government. 

74.  Immovables  other  than  buildings  intended  for  dwell- 
ings and  the  attendant  gardens  cannot  be  invested  with  ec- 
clesiastical titles,  nor  possessed  by  the  ministers  of  the  sect  on 
account  of  their  functions. 

C.  The  Declaration  of  1682.  March  19,  1682.  Debidour. 
L’Eglisse  et  I’Etat  en  France,  651-652. 

Many  persons  are  striving  in  these  times  to  subvert  the  de- 
crees of  the  Gallican  Church  and  its  liberties,  which  our  an- 
cestors have  supported  with  so  much  zeal,  and  to  overthrow 
their  foundations,  which  rest  upon  the  holy  canons  and  the 
tradition  of  the  Fathers.  Others,  under  pretence  of  defending 
them,  are  not  afraid  to  excite  an  attack  upon  the  primacy  of 
Saint  Peter  and  the  Roman  pontiffs,  his  successors,  who  were 
instituted  by  Jesus  Christ,  and  the  obedience  which  all  Chris- 
tians owe  them,  and  to  diminish  the  majesty  of  the  apostolic 
Holy  See,  which  is  worthy  of  respect  by  all  the  nations  in 
which  the  true  faith  is  taught  and  in  which  the  unity  of  the 
Church  is  preserved.  On  the  other  hand,  heretics  are  putting 
everything  at  work  to  make  that  authority,  which  maintains 
the  peace  of  the  Church,  appeaj*  odious  and  intolerable  to  kings 
and  peoples,  and,  by  these  artifices,  to  remove  simple  souls 
from  the  communion  of  the  Church,  their  mother,  and  there- 
fore from  that  of  Jesus  Christ. — In  order  to  remedy  these  in- 
conveniences, we,  archbishops  and  bishops  assembled  at  Paris 
by  order  of  the  King,  representing  with  the  other  ecclesiastical 
deputies  the  Gallican  Church,  after  mature  deliberation,  have 
decided  that  it  is  necessary  to  make  the  regulations  and  the 
declarations  which  follow : 

1.  That  Saint  Peter  and  his  successors,  vicars  of  Jesus 
Christ,  and  even  the  whole  Church  have  received  authority 
from  God  only  over  things  spiritual  and  which  have  to  do  with 
salvation,  and  not  over  things  temporal  and  civil ; Jesus  Christ 
himself  tells  us  that  His  kingdom  is  not  of  this  world,  and,  in 
another  place,  that  it  is  necessary  to  render  to  Caesar  that' 
which  belongs  to  Caesar,  and  to  God  that  which  belongs  to • 


3°6 


NAPOLEON  AND  RELIGION 


God.  That  is  is  necessary  to  hold  to  this  precept  of  Saint 
Paul : that  every  person  should  be  subject  to  the  higher 
powers , for  there  is  no  power  which  does  not  come  from  God, 
and  it  is  He  who  ordains  those  which  are  upon  earth ; that  is 
why  he  who  opposes  the  powers  resists  the  order  of  God.  In 
consequence,  we  declare  that  kings  are  not  subject  to  any  ec- 
clesiastical power  by  order  of  God,  in  things  which  have  to 
do  with  the  temporal,  and  that  they  cannot  be  deposed  direct- 
ly or  indirectly  by  the  authority  of  the  heads  of  the  Church; 
that  their  subjects  cannot  be  exempted  from  the  submission 
and  obedience  which  are  due  to  them,  nor  be  dispensed  from 
the  oath  of  fidelity;  that  this  doctrine,  necessary  for  the  public 
peace,  and  as  advantageous  to  Church  as  to  State,  ought  to  be 
regarded  as  in  conformity  with  the  Holy  Scriptures  and  with 
the  tradition  of  the  Fathers  of  the  Church  and  with  the 
example  of  the  saints. 

2.  That  the  plenitude  of  power  which  the  apostolic  Holy 
See  and  the  successors  of  Saint  Peter,  vicars  of  Jesus  Christ, 
have  over  things  spiritual  is  such,  nevertheless,  that  the  de- 
crees of  the  holy  oecumenical  council  of  Constance,  contained 
in  sessions  4 and  5,  approved  by  the  apostolic  Holy  See  and 
confirmed  by  the  practice  of  all  the  Church  and  of  the  Roman 
pontiffs,  and  religiously  observed  of  all  time  by  the  Gallican 
Church,  remain  in  their  force  and  vigor,  and  that  the  Church 
of  France  does  not  approve  of  the  opinion  of  those  who  make 
attack  upon  these  decrees  or  enfeeble  them  by  saying  that  their 
authority  is  not  well  established  and  that  they  are  not  ap- 
proved or  that  their  provision  had  regard  only  to  the  time  of 
the  schism. 

3.  That  it  is  necessary  to  regulate  the  use  of  the  apostolic 
authority  through  canons  made  by  the  spirit  of  God  and  con- 
secrated by  the  general  respect  of  all  the  world ; that  the  rules, 
customs  and  constitutions  received  in  the  kingdom  and  in  the 
Gallican  Church  ought  to  have  their  force  and  their  vigor,  and 
(hat  the  usages  of  our  fathers  ought  to  remain  unshaken ; that 
it  is  also  for  the  grandeur  of  the  apostolic  Holy  See  that  the 
laws  and  customs  established  with  the  consent  of  that  see  and 
of  the  Churches  should  have  the  authority  which  they  ought 
to  have. 

4.  That,  although  the  Pope  has  the  principal  part  in  ques- 


NAPOLEON  AND  RELIGION 


307 


tions  of  faith,  and  although  his  decrees  relate  to  all  the 
Churches,  and  each  Church  in  particular,  his  judgment  is  not 
irreformable,  unless  the  consent  of  the  Church  intervenes. 

These  are  the  maxims  which  we  have  received  from  our 
fathers  and  which  we  have  ordered  to  be  sent  to  all  the  Gal- 
lican  Churches  and  to  the  bishops  whom  the  Holy  Spirit  has 
established  there  to  govern  them,  in  order  that  we  may  all  say 
the  same  thing,  that  we  may  be  of  the  same  sentiments,  and 
that  we  may  all  hold  the  same  doctrine. 

D.  Organic  Articles  for  the  Protestant  Sects.  April  8, 
1802.  Duvergier,  Lois , XIII  (T8  Germinal,  Year  X).  101-103. 

TITLE  I.  GENERAL  PROVISIONS  FOR  ALL  THE  PROTESTANT 
COMMUNIONS. 

1.  No  one  can  conduct  the  performance  of  worship  except 
a Frenchman. 

2.  Neither  the  Protestant  churches  nor  their  ministers 
shall  have  relations  with  any  foreign  power  or  authority. 

3.  The  pastors  and  ministers  of  the  different  Protestant 
communions  in  the  recital  of  their  worship  shall  pray  for  and 
cause  to  be  prayed  for  the  prosperity  of  the  French  Republic 
and  the  Consuls. 

4.  No  doctrinal  or  dogmatic  decision  nor  any  formulary, 
under  the  title  of  confession  or  under  any  other  title,  shall  be 
published  or  become  matter  of  instruction  until  the  Govern- 
ment has  authorised  the  publication  or  promulgation  of  it. 

5.  No  change  in  discipline  shall  take  place  without  the 
same  authorisation. 

6.  The  Council  of  State  shall  be  informed  of  all  the  under- 
takings of  the  ministers  of  the  sect,  and  of  all  the  dissensions 
which  shall  arise  among  these  ministers. 

7.  A stipend  shall  be  provided  [by  the  Government]  for 
the  pastors  of  the  consistorial  churches ; it  is  understood  that 
the  estates  which  these  churches  possess  and  the  product  of 
the  offerings  established  by  usage  or  by  the  regulations  shall 
be  utilized  towards  this  stipend. 

8.  The  arrangements  provided  by  the  organic  articles  of 
the  Catholic  worship  upon  the  liberty  of  endowments,  and 
upon  the  nature  of  the  estates  which  can  be  the  object  thereof, 
shall  be  common  to  the  Protestant  churches. 


308 


NAPOLEON  AND  EDUCATION 


9.  There  shall  be  two  academies  or  seminaries  in  the  East 
of  France  for  the  instruction  of  ministers  of  the  confession 
of  Augsburg. 

10.  There  shall  be  a seminary  at  Geneva  for  the  instruc- 
tion of  the  ministers  of  the  reformed  churches. 

11.  The  professors  of  all  the  academies  or  seminaries  shall 
be  appointed  by  the  First  Consul. 

1 2.  No  one  can  be  elected  minister  or  pastor  of  a church 
of  the  confession  of  Augsburg,  unless  he  has  studied  for  a 
determined  time  in  one  of  the  French  seminaries  intended 
for  the  instruction  of  the  ministers  of  that  confession,  and  un- 
less he  brings  a certificate  in  good  form  attesting  his  time  of 
study,  his  capacity  and  his  good  morals. 

13.  No  one  can  be  elected  minister  or  pastor  of  a reformed 
church,  without  having  studied  in  the  seminary  at  Geneva,  nor 
unless  he  brings  a certificate  in  the  form  set  forth  in  the 
preceding  article. 

14.  The  regulations  upon  the  administration  and  the  in- 
ternal police  of  the  seminaries,  upon  the  number  and  the  quali- 
fication of  the  professors,  upon  the  manner  of  instructing,  and 
upon  the  matter  of  instruction,  as  well  as  upon  the  form  of 
the  certificates  or  attestations  of  study,  good  conduct  and  ca- 
pacity, shall  be  approved  by  the  Government. 


65.  Documents  upon  Napoleon  and  Education. 


From  these  documents  an  excellent  idea  of  the  educational  sys- 
tem of  Napoleon  can  be  obtained.  Documents  A and  C,  the  two 
principal  creative  acts,  show  the  plan  of  the  system  and  inciden- 
tally throw  some  light  upon  its  educational  spirit  and  ideals. 
Document  B,  although  an  extract  from  a church  instead  of  a school 
text-book,  will  serve  to  convey  some  idea  of  the  character  of  the 
teaching  touching-  political  matters. 

References.  Dickinson,  Revolution  and  Reaction  in  Modern 
France , 48-51  ; Fournier,  Napoleon,  233-235,  406-410  ; Rose,  Napo- 
leon, I,  271-275  ; Lanfrey,  Napoleon,  II,  221-224,  III,  139-141 ; 
Sloane,  Napoleon,  II,  144-147,  III,  72-74  ; Lavisse  and  Rambaud, 
Histoire  Generate,  IX,  248-253. 

A.  Law  upon  Public  Instruction.  May  1,  1802  (11  Floreal, 
Year  X).  Duvergier,  Lois,  XIII,  175-178- 


NAPOLEON  AND  EDUCATION 


309 


TITLE  I.  DIVISION  OF  THE  INSTRUCTION. 

i.  Instruction  shall  be  given: 

1st.  In  the  primary  schools  established  by  the  communes; 

2d.  In  the  secondary  schools  established  by  the  communes 
or  kept  by  private  masters ; 

3d.  In  the  lycees  and  the  special  schools  maintained  at  the 
expense  of  the  Public  Treasury. 

TITLE  II.  OF  THE  PRIMARY  SCHOOLS. 

3.  The  instructors  shall  be  chosen  by  the  mayors  and  the 
municipal  councils;  their  stipend  shall  consist  of:  1st,  the 
dwelling  provided  by  the  communes ; 2d,  a fee  paid  by  the 
parents,  and  fixed  by  the  municipal  councils. 

4.  The  municipal  councils  shall  exempt  from  the  fee  those 
of  the  parents  who  may  be  unable  to  pay  it ; nevertheless,  this 
exemption  cannot  exceed  a fifth  of  the  children  received  into 
the  primary  schools. 

5.  The  sub-prefects  shall  be  especially  charged  with  the 
organization  of  the  primary  schools ; they  shall  render  monthly 
to  the  prefects  an  account  of  their  condition. 

TITLE  III.  OF  THE  SECONDARY  SCHOOLS. 

6.  Every  school  established  by  the  communes  or  kept  by 
individuals,  in  which  instruction  is  given  in  the  Latin  and 
French  languages,  the  first  principles  of  geography,  history, 
and  mathematics,  shall  be  considered  a secondary  school. 

7.  The  Government  encourages  the  establishment  of  sec- 
ondary schools  and  will  recompense  good  instruction  which 
shall  be  given  there,  either  by  the  grant  of  a habitation  or  by 
the  distribution  of  gratuitous  places  in  the  lycees  to  those  of 
the  pupils  of  each  department  who  shall  most  distinguish  them- 
selves, and  by  bounties  granted  to  the  fifty  masters  of  those 
schools  which  shall  have  had  the  most  pupils  admitted  to  the 
lycees. 

8.  Secondary  schools  cannot  be  established  without  the 
authorisation  of  the  Government.  The  secondary  schools, 
as  well  as  all  the  private  schools  whose  instruction  shall  be 
higher  than  that  of  the  primary  schools,  shall  be  placed  under 
the  special  surveillance  and  inspection  of  the  prefects. 

TITLE  IV.  OF  THE  LYCEES. 

9.  Lycees  shall  be  established  for  instruction  in  letters 


3io 


NAPOLEON  AND  EDUCATION 


and  the  sciences.  There  shall  be  at  least  one  lycee  for  each 
tribunal  of  appeal  district. 

10.  Instruction  shall  be  given  in  the  lycces  in  the  ancient 
languages,  rhetoric,  logic,  ethics,  and  the  elements  of  the 
mathematical  and  physical  sciences. 

The  number  of  professors  in  the  lycee  shall  never  be  less 
than  eight ; but  it  can  be  increased  by  the  Government,  as  well 
as  the  number  of  the  subjects  of  instruction,  according  to  the 
number  of  pupils  who  shall  attend  the  lycees. 

11.  There  shall  be  in  the  lycees,  study  masters,  and  mas- 
ters of  drawing,  military  exercises,  and  of  accomplishments, 
[i.e.  music  and  dancing]. 

12.  Instruction  shall  be  given  there : 

To  pupils  whom  the  Government  shall  place  there ; 

To  the  pupils  of  the  secondary  schools  who  shall  be  ad- 
mitted there  by  a competition ; 

To  pupils  whose  parents  shall  have  placed  them  there  to 
board ; 

To  day  scholars. 

13.  The  administration  of  each  lycee  shall  be  confided  to 
a principal ; he  shall  have  immediately  under  him  a study- 
critic  and  a proctor  conducting  the  affairs  of  the  school. 

14.  The  principal,  the  critic,  and  the  proctor  shall  be  ap- 
pointed by  the  First  Consul : they  shall  form  the  Council  of 
Administration  for  the  school. 

15.  In  each  of  the  cities  where  a lycee  is  established  there 
shall  be  a bureau  of  administration  for  that  school.  This  bu- 
reau shall  be  composed  of  the  prefect  of  the  department,  the 
president  of  the  tribunal  of  appeal,  the  commissioner  of  the 
Government  before  this  tribunal,  the  commissioner  of  the 
Government  before  the  criminal  tribunal,  the  mayor,  and  the 
principal. 

17.  The  First  Consul  shall  appoint  three  inspectors-general 
of  studies  who  shall  visit  the  lycees  at  least  once  a year,  shall 
definitely  settle  their  accounts,  shall  examine  all  parts  of  the 
instruction  and  administration,  and  shall  render  an  account 
thereof  to  the  Government. 

19.  The  first  appointment  of  the  professors  of  the  lycees 


NAPOLEON  AND  EDUCATION  311 

shall  be  in  the  following  manner : three  inspectors-general  of 
studies,  in  conjunction  with  three  members  of  the  National 
Institute,  designated  by  the  First  Consul,  shall  go  over  the  de- 
partments and  shall  there  examine  the  citizens  who  present 
themselves  to  occupy  the  different  places  of  professors.  For 
each  place  they  shall  indicate  to  the  government  two  persons, 
one  of  whom  shall  be  appointed  by  the  First  Consul. 

20.  When  the  lycees  are  once  organized  and  a chair  be- 
comes vacant,  the  three  inspectors-general  of  studies  shall  pre- 
sent one  person  to  the  Government;  the  bureau,  in  conjunc- 
tion with  the  council  of  administration  and  the  professors  of 
the  lycees,  shall  present  another;  the  First  Consul  shall  appoint 
one  of  the  two  candidates. 

TITLE  V.  OF  THE  SPECIAL  SCHOOLS. 

23.  The  last  grade  of  instruction  shall  include  in  the 
special  schools  the  complete  and  profound  studjr  of  the  sciences 
and  the  useful  arts,  as  well  as  the  perfecting  thereof. 

24.  The  special  schools  now  in  existence  shall  be  pre- 
served, without  prejudice  to  the  modifications  which  the  Gov- 
ernment believes  that  it  must  order  for  the  economy  and  the 
welfare  of  the  service.  When  the  place  of  a professor  shall 
become  vacant,  including  the  school  of  law  which  shall  be 
established  at  Paris,  it  shall  be  filled  by  the  First  Consul  from 
three  candidates  who  shall  be  presented,  the  first  by  one  of  the 
classes  of  the  National  Institute,  the  second  by  the  inspectors- 
general  of  studies,  and  the  third  by  the  professors  of  the  school 
in  which  the  place  shall  be  vacant. 

25.  The  following  new  special  schools  shall  be  instituted : 

1st.  Ten  law  schools  can  be  established:  each  of  them 

shall  have  four  professors  at  most; 

2d.  Three  new  schools  of  medicine  can  be  created,  which 
shall  have  at  most  eight  professors  each,  and  one  of  which 
shall  be  devoted  especially  to  the  study  and  treatment  of  the 
diseases  of  the  troops  of  the  army  and  navy; 

3d.  There  shall  be  four  schools  of  natural  history,  physics, 
and  chemistry,  with  four  professors  in  each ; 

4th.  The  mechanical  and  chemical  arts  shall  be  taught  in 
two  special  schools : there  shall  be  three  professors  in  each  of 
these  schools ; 


312 


NAPOLEON  AND  EDUCATION 


5th.  A school  of  transcendental  mathematics  shall  have 
three  professors ; 

6th.  A special  school  of  geography,  history,  and  public 
economy  shall  be  composed  of  four  professors; 

7th.  In  addition  to  the  schools  of  the  arts  of  design  ex- 
isting at  Paris,  Dijon,  and  Toulouse,  there  shall  be  formed  a 
fourth  one  with  four  professors ; 

8th.  The  observatories  in  operation  at  present  shall  each 
have  a professor  of  astronomy ; 

9th.  There  shall  be  in  several  lycees  professors  of  the  liv- 
ing languages ; 

ioth.  There  shall  be  appointed  eight  professors  of  music 
and  composition. 

26.  The  first  appointment  of  the  professors  for  these  new 
special  schools  shall  be  made  in  the  following  manner:  The 
classes  of  the  Institute  corresponding  to  the  places  which  are 
to  be  filled  shall  present  one  person  to  the  Government ; the 
three  inspectors-general  of  studies  shall  present  a second:  the 
First  Consul  shall  choose  one  of  the  two. 

After  the  organization  of  the  new  special  schools,  the  First 
Consul  shall  appoint  to  the  vacant  places  from  among  the  three 
persons'' who  shall  be  presented  to  him  as  is  provided  in 
article  24. 

TITLE  VII.  OF  THE  NATIONAL  PUPILS. 

32.  Six  thousand  four  hundred  boarding  pupils  shall  be 
supported  at  the  expense  of  the  Republic  at  the  lycees  and  the 
-special  schools. 

33.  Out  of  these  six  thousand  four  hundred  pensioners, 
two  thousand  four  hundred  shall  be  chosen  by  the  Government 
from  among  the  sons  of  military  men  and  of  civil,  judicial, 
administrative,  or  municipal  functionaries  who  shall  have 
served  the  Republic  well ; and  for  ten  years  only,  from  among 
the  children  of  citizens  of  the  departments  united  with  France, 
although  they  may  have  been  neither  military  men  nor  public 
functionaries. 

These  two  thousand  four  hundred  pupils  must  be  at  least 
nine  years  of  age  and  know  how  to  read  and  write. 

34.  The  other  four  thousand  pupils  shall  be  taken  from  a 
double  number  of  pupils  of  the  secondary  schools,  who  shall 


NAPOLEON  AND  EDUCATION 


313 


be  presented  to  the  government  in  consequence  of  an  examin- 
ation and  a competition. 

Each  department  shall  furnish  a number  of  these  latter 
pupils  proportionate  to  its  population. 

35.  The  pupils  supported  in  the  lycees  cannot  remain 
there  more  than  six  years  at  the  expense  of  the  nation.  Ay 
the  end  of  their  studies  they  shall  undergo  an  examination,  in 
consequence  of  which  one-fifth  of  them  shall  be  placed  in  the 
different  special  schools,  according  to  the  inclination  of  these 
pupils,  in  order  to  be  supported  there  for  from  two  to  four 
years  at  the  expense  of  the  Republic. 


B.  Imperial  Catechism.  April  4,  1807.  Extract,  Larousse, 
Grande  Dictionaire  Universel,  III,  567. 

Lesson  VII.  Continuation  of  the  Fourth  Commandment. 

Q.  What  are  the  duties  of  Christians  with  respect  to  the 
princes  who  govern  them,  and  what  in  particular  are  our  duties 
towards  Napoleon  I,  our  Emperor? 

A.  Christians  owe  to  the  princes  who  govern  them,  and 
we  owe  in  particular  to  Napoleon  I,  our  Emperor,  love,  respect, 
obedience,  fidelity,  military  service  and  the  tributes  laid  for  the 
preservation  and  defence  of  the  Empire  and  of  his  throne;  we 
also  owe  to  him  fervent  prayers  for  his  safety  and  the  spiritual 
and  temporal  prosperity  of  the  State. 

Q.  Why  are  we  bound  to  all  these  duties  towards  our 
Emperor? 

A.  First  of  all,  because  God,  who  creates  empires  and  dis- 
tributes them  according  to  His  will,  in  loading  our  Emperor 
with  gifts,  both  in  peace  and  in  war,  has  established  him  as  our 
sovereign  and  has  made  him  the  minister  of  His  power  and 
His  image  upon  the  earth.  To  honor  and  to  serve  our  Em- 
peror is  then  to  honor  and  to  serve  God  himself.  Secondly, 
because  our  Lord  Jesus  Christ  by  his  doctrine  as  well  as  by 
His  example,  has  Himself  taught  us  what  we  owe  to  our 
sovereign:  He  was  born  the  subject  of  Caesar  Augustus;  He 
paid  the  prescribed  impost;  and  just  as  He  ordered  to  render 
to  God  that  which  belongs  to  God,  so  He  ordered  to  render  to 
Caesar  that  which  belongs  to  Caesar. 


314 


NAPOLEON  AND  EDUCATION 


Q.  Are  there  not  particular  reasons  which  ought  to  attach 
us  more  strongly  to  Napoleon  I,  our  Emperor? 

A.  Yes;  for  it  is  he  whom  God  has  raised  up  under  diffi- 
cult circumstances  to  re-establish  the  public  worship  of  the 
holy  religion  of  our  fathers  and  to  be  the  protector  of  it.  He 
has  restored  and  preserved  public  order  by  his  profound  and 
Lstive  wisdom ; he  defends  the  State  by  his  powerful  arm  ; 
he  has  become  the  anointed  of  the  Lord  through  the  con- 
secration which  he  received  from  the  sovereign  pontiff,  Head 
of  the  Universal  Church. 

Q.  What  ought  to  be  thought  of  those  who  may  be  lack- 
ing in  their  duty  towards  our  Emperor? 

A.  According  to  the  Apostle  Saint  Paul,  they  would  be 
resisting  the  order  established  by  God  himself  and  would 
render  themselves  worthy  of  eternal  damnation. 

Q.  Will  the  duties  which  are  required  of  us  towards  our 
Emperor  be  equally  binding  with  respect  to  his  lawful  suc- 
cessors in  the  order  established  by  the  constitutions  of  the 
Empire? 

A.  Yes,  without  doubt;  for  we  read  in  the  Holy  Scrip- 
tures, that  God,  Lord  of  heaven  and  earth,  by  an  order  of 
His  supreme  will  and  through  His  providence,  gives  empires 
not  only  to  one  person  in  particular,  but  also  to  his  family. 

C.  Decree  for  Organizing  the  Imperial  University,  March 
1 7,  1808.  Duvergier,  Lois,  XVI,  238-248. 

TITLE  I.  GENERAL  ORGANIZATION  OF  THE  UNIVERSITY. 

1.  Public  instruction  in  the  entire  empire  is  intrusted  ex- 
clusively to  the  University. 

2.  No  school,  no  establishment  for  instruction  whatsoever, 
can  be  formed  outside  of  the  Imperial  University  and  without 
the  authorisation  of  its  head. 

3.  No  one  can  open  a school  nor  give  instruction  publicly 
without  being  a member  of  the  Imperial  University  and  grad- 
uated by  one  of  its  faculties.  Nevertheless,  the  instruction  in 
the  seminaries  is  under  the  control  of  the  archbishops  and 
bishops,  each  for  his  own  diocese.  They  appoint  and  dismiss 
the  directors  and  professors  thereof.  They  are  only  re- 
quired to  comply  with  the  regulations  for  the  seminaries,  ap 
proved  by  us. 


NAPOLEON  AND  EDUCATION 


315 


4.  The  Imperial  University  shall  be  composed  of  as  many 
academies  as  there  are  courts  of  appeal. 

5.  The  schools  belonging,  to  each  academy  shall  be  placed 
in  the  following  order  : 

1st.  The  faculties  of  theology, 
bestowing  of  the  degrees  ; 

2d.  The  lycecs  for  the  ancient  languages,  history,  rhetoric, 
logic,  and  the  elements  of  the  mathematical  and  physical  sci- 
ences ; 

3d.  The  colleges,  secondary  communal  schools,  for  the 
elements  of  the  ancient  languages  and  the  first  principles  of 
history  and  the  sciences ; 

4th.  The  institutions  and  schools  conducted  by  individual 
instructors,  in  which  the  instruction  is  allied  to  that  of  the 
colleges ; 

5th.  The  schools  and  boarding-schools  belonging  to  in- 
dividual masters  and  devoted  to  studies  less  advanced  than 
those  of  the  institutions ; 

6th.  The  petty  schools  and  primary  schools,  in  which 
reading,  writing,  and  the  first  principles  of  arithmetic  are 
taught. 

TITLE  II.  OF  THE  COMPOSITION  OF  THE  FACULTIES. 

6.  There  shall  be  in  the  Imperial  University  five  orders 

of  faculties,  to  wit : 

1st.  The  faculties  of  theology. 

2d.  The  faculties  of  law, 

3d.  The  faculties  of  medicine, 

4th.  'lhe  faculties  of  mathematical  and  physical  sciences, 

5th.  The  faculties  of  letters. 

TITLE  IV.  OF  THE  ORDER  WHICH  SHALL  BE  ESTABLISHED  AMONG 
THE  MEMBERS  OF  THE  UNIVERSITY  ; OF  THE  RANKS  AND 
THE  TITLES  ATTACHED  TO  THE  FUNCTIONS. 

I.  Of  the  Ranks  among  the  Functionaries. 

29.  The  functionaries  of  the  Imperial  University  shall 
take  rank  among  themselves  in  the  following  order: 

Ranks. 

Of  Administration.  Of  Instruction. 

1st.  The  grand  master. 

2d.  The  chancellor. 

Sd.  The  treasurer. 

4th.  The  councillors  for  life. 


3 16 


NAPOLEON  AND  EDUCATION 


5th.  The  ordinary  councillors. 

6th.  The  inspectors  of  the 

University. 

7th.  The  rectors  of  the  acad- 
emy. 

8th.  The  inspectors  of  the 

academies. 

9th.  The  deans  of  the  faculties. 

10th. 

11th.  The  head-masters  of  the 
lycees. 

12th.  The  critics  of  the  lycees. 

13th. 

14th.  The  principals  of  the  col- 
leges. 

loth. 

16th. 

17th.  The  heads  of  the  insti- 
tutions. 

18th.  The  masters  of  the 
boarding  schools. 

19th. 


The  professors  of  the  facul- 
ties. 

The  professors  of  the  lycees. 

The  fellows. 

Regents  of  the  colleges. 

The  masters  of  studies. 


30.  After  the  first  formation  of  the  Imperial  University, 
the  order  of  the  ranks  shall  be  followed  in  the  selection  of 
the  functionaries,  and  no  one  can  be  appointed  to  a place  until 
after  having  passed  through  the  subordinate  places. 

The  places  shall  form  also  a field  of  action  which  shall 
present,  for  knowledge  and  good  conduct,  the  promise  of 
rising  to  the  highest  ranks  of  the  Imperial  University. 


TITLE  V.  OF  THE  PRINCIPLES  OF  INSTRUCTION  IN  THE 
SCHOOLS  OF  THE  UNIVERSITY. 


38.  All  the  schools  of  the  Imperial  University  shall  take 
for  the  basis  of  their  instruction : 

1st.  The  precepts  of  the  Catholic  religion; 

2d.  Fidelity  to  the  Emperor,  to  the  Imperial  Monarchy, 
the  depository  of  the  welfare  of  the  peoples,  and  to  the  Na- 
poleonic dynasty,  the  conservator  of  the  unity  of  France  and 
of  all  the  liberal  ideas  proclaimed  by  the  constitutions  ; 

3d-  Obedience  to  the  rules  of  the  teaching  corps,  which 
have  for  their  object  the  uniformity  of  instruction,  and  which 
tend  to  train  for  the  State  citizens  attached  to  their  religion,  to 
their  prince,  to  their  fatherland,  and  to  their  family; 


NAPOLEON  AND  EDUCATION 


317 


4th.  All  the  professors  of  theology  shall  be  required  to 
conform  themselves  to  the  provisions  of  the  edict  of  1682,  con- 
cerning the  four  propositions  contained  in  the  declaration  of 
the  clergy  of  France  of  the  said  year. 

TITLE  VI.  OF  THE  OBLIGATIONS  WHICH  THE  MEMBERS  OF  THE 
UNIVERSITY  CONTRACT. 

39.  By  the  terms  of  article  2 of  the  law  of  May  10, 
1806,  the  members  of  the  Imperial  University  at  the  time 
of  their  installation  shall  contract  by  oath  the  civil  obliga- 
tions, special  and  temporary,  which  shall  bind  them  to  the 
instructional  corps. 

40.  They  shall  bind  themselves  to  the  precise  observance 
of  the  rules  and  regulations  of  the  University. 

41.  They  shall  promise  obedience  to  the  grand  master  in 
all  that  he  shall  command  them  for  our  service  and  for  the 
good  of  the  instruction. 

42.  They  shall  bind  themselves  not  to  leave  the  instruc- 
tional corps  and  their  functions  until  after  having  obtained 
the  consent  of  the  grand  master  therefor  in  the  forms  which 
shall  be  prescribed. 

43.  The  grand  master  can  release  a member  of  the  Uni- 
versity from  his  obligations  and  permit  him  to  leave  the  corps : 
in  case  of  refusal  by  the  grand  master,  and  of  persistence  on 
the  part  of  the  member  of  the  University  in  the  resolution  to 
leave  the  corps,  the  grand  master  shall  be  required  to  deliver 
to  him  a letter  of  exeat  after  three  consecutive  demands  re- 
peated at  intervals  of  two  months. 

44.  Whoever  shall  have  left  the  instructional  body  without 
having  fulfilled  these  formalities  shall  be  removed  from  the 
roll  of  the  University  and  shall  incur  the  penalty  attached  to 
that  removal. 

45.  The  members  of  the  University  shall  not  be  able  to 
accept  any  salaried  public  -or  private  position  without  the 
properly  attested  permission  of  the  grand  master. 

46.  The  members  of  the  University  shall  be  required  to 
inform  the  grand  master  and  his  officers  of  everything  in 
the  establishments  of  public  instruction  which  may  come 
to  their  knowledge  that  is  contrary  to  the  doctrine  and  the 
principles  of  the  instructional  corps. 


NAI'OLEOX  AND  EDUCATION 


,U8 


47.  The  disciplinary  penalties  which  the  violation  of  the 
duties  and  obligations  may  entail  shall  be : 

1st.  Arrests; 

2d.  Reprimand  in  the  presence  of  an  academic  council ; 

3d.  Censure  in  the  presence  of  the  council  of  the  Univer- 
sity ; 

4th.  Change  to  a subordinate  employment; 

5th.  Suspension  from  duty  for  a fixed  time,  with  or  with- 
out total  or  partial  deprivation  of  stipend ; 

6th.  Reform  or  retirement  given  before  the  time  of  emer- 
itation,  with  a stipend  less  than  the  pension  of  the  emerited; 

7th.  Lastly,  removal  from  the  roll  of  the  University. 

48.  Every  person  who  shall  have  incurred  removal  shall 
be  disqualified  for  employment  in  any  public  administration. 

49.  The  relations'  between  the  penalties  and  the  infraction 
of  duties,  as  well  as  the  grading  of  these  penalties  according 
to  the  different  employments,  shall  be  established  by  rules. 

TITLE  VII.  OF  THE  FUNCTIONS  AND  PREROGATIVES  OF  THE  GRAND 
MASTER  OF  THE  UNIVERSITY. 

50.  The  Imperial  University  shall  be  administered  and 
governed  by  the  grand  master,  who  shall  be  appointed  and 
dismissed  by  us. 

51.  The  grand  master  shall  have  the  selection  to  the 
administrative  places  and  to  the  chairs  of  the  colleges  and 
the  lycees;  he  shall  likewise  appoint  the  officers  of  the  acad- 
emies and  those  of  the  University,  and  he  shall  make  all  the 
promotions  in  the  instructional  corps. 

52.  He  shall  install  the  persons  who  shall  have  obtained 
the  chairs  of  the  faculties,  according  to  the  competition  whose 
method  shall  be  determined  by  the  council  of  the  University. 

54.  He  shall  grant  permission  to  instruct  and  to  open 
houses  of  instruction  to  the  graduates  of  the  University  who 
shall  ask  it  from  him  and  who  shall  have  fulfilled  the  con- 
dition required  by  the  regulations  in  order  to  obtain  this  per- 
mission. 

55.  The  grand  master  shall  be  presented  to  us  each  year 
by  the  minister  of  the  interior,  in  order  to  submit  to  us:  1st, 
the  list  of  the  establishments  of  instruction,  and  particularly 


NAPOLEON  AND  EDUCATION 


319 


of  the  boarding  schools,  institutions,  colleges  and  lycees;  2d. 
that  of  the  officers  of  the  academies  and  of  the  officers 
of  the  University;  3d,  the  promotion  list  of  the  members 
of  the  instructional  corps  who  shall  have  merited  it  by  their 
services.  He  shall  cause  these  lists  to  be  published  at  the 
opening  of  the  academic  year. 

56.  He  can  transfer  from  one  academy  to  another  the 
regents  and  principals  of  the  colleges  maintained  by  the 
communes,  as  well  as  the  functionaries  and  the  professors  of 
the  lycees,  upon  taking  the  opinion  of  three  members  of  the 
council. 

57.  He  shall  have  the  authority  to  impose  arrests,  repri- 
mand, censure,  the  change  and  suspension  of  functions  (article 
47)  upon  members  of  the  University  who  shall  have  been 
delinquent  enough  in  their  duties  to  incur  these  penalties. 

60.  He  shall  give  to  the  different  schools  the  regulations 
for  discipline,  which  shall  be  discussed  by  the  council  of  the 
University. 

61.  He  shall  convoke  and  preside  over  this  council,  and 
he  shall  appoint  its  members,  as  well  as  those  of  the  academic 
councils,  as  shall  be  provided  in  the  following  titles. 

TITLE  IX.  OF  THE  COUNCIL  OF  THE  UNIVERSITY. 

Of  the  Formation  of  the  Council. 

69.  The  council  of  the  University  shall  be  composed  of 
thirty  members. 

70.  Ten  of  these  members,  of  whom  six  shall  be  chosen 
from  among  the  inspectors  and  four  from  among  the  rectors, 
shall  be  councillors  for  life  or  titular  councillors  of  the  Uni- 
versity. They  shall  be  commissioned  by  us. 

The  ordinary  councillors,  to  the  number  of  twenty,  shall 
be  taken  from  among  the  inspectors,  the  deans  and  professors 
of  the  faculties,  and  the  head-masters  of  the  lycees. 

7 1.  Every  year  the  grand  master  shall  make  up  the  list  of 
the  twenty  ordinary  councillors,  who  shall  complete  the  coun- 
cil for  the  year. 

75.  The  council  shall  be  divided  for  work  into  five  sec- 
tions : 


320 


NAPOLEON  AND  EDUCATION 


The  first  shall  occupy  itself  with  the  condition  and  the 
improvement  of  the  studies ; 

The  second  with  the  administration  and  the  police  of  the 
schools  ; 

The  third  with  their  accounts ; 

The  fourth  with  litigious  matters ; 

And  the  fifth  with  affairs  of  the  seal  of  the  University. 

Each  section  shall  examine  the  matters  which  shall  be  sent 
to  it  by  the  grand  master,  and  shall  make  report  thereof 
to  the  council,  which  shall  deliberate  thereon. 

Of  the  Prerogatives  of  the  Council. 

7 6.  The  grand  master  shall  propose  for  the  discussion  of 
the  council  all  the  projects  for  regulations  and  rules  which 
may  be  made  for  the  schools  of  different  degrees. 

77.  All  questions  relative  to  the  police,  the  accounting  and 
the  general  administration  of  the  faculties,  the  lycees,  and  the 
colleges  shall  be  decided  by  the  council,  which  shall  fix  the 
budgets  of  these  schools  upon  the  report  of  the  treasurer  of 
the  University. 

78.  It  shall  pass  judgment  upon  the  accusations  of  the  su- 
periors and  the  complaints  of  the  subordinates. 

79.  It  alone  can  impose  upon  the  members  of  the  Uni- 
versity the  penalties  for  reformation  or  removal  (article  47) 
after  investigation  and  examination  of  the  offences  which  shall 
involve  condemnation  to  these  penalties. 

80.  The  council  shall  admit  or  reject  the  works  which 
shall  have  been  or  ought  to  be  put  into  the  hands  of  the  pupils 
or  placed  in  the  libraries  of  the  lycces  or  colleges ; it  shall 
examine  the  new  works  which  shall  be  proposed  for  the  in- 
struction of  the  same  schools. 

81.  It  shall  hear  the  report  of  the  inspectors  upon  return 
from  their  missions. 

82.  The  litigious  matters  relative  to  the  general  admin- 
istration of  the  academies  and  their  schools,  and  in  particular 
those  which  shall  concern  the  members  of  the  University  in 
relation  to  their  functions,  shall  be  carried  to  the  council  of 
the  University.  The  decisions,  taken  by  majority  of  the 
votes  and  after  an  exhaustive  discussion,  shall  be  executed  by 
the  grand  master.  Nevertheless,  in  this  he  can  have  recourse 


NAPOLEON  AND  EDUCATION 


321 


to  our  Council  of  State  against  the  decisions  upon  the  report 
of  our  minister  of  the  interior. 

83.  In  conformity  with  the  proposal  of  the  grand  master 
and  upon  the  presentation  of  our  minister  of  the  interior,  a 
commission  of  the  council  of  the  University  can  be  admitted 
to  our  Council  of  State  in  order  to  solicit  the  reform  of  the 
regulations  and  the  decisions  interpretative  of  the  law. 

84.  The  minutes  of  the  meetings  of  the  council  of  the 
University  shall  be  sent  each  month  to  our  minister  of  the 
interior : the  members  of  the  council  may  cause  to  be  inserted 
in  these  minutes  the  motives  for  their  opinions,  when  they 
differ  from  the  opinion  adopted  by  the  council. 

TITLE  XI.  OF  THE  INSPECTORS  OF  THE  UNIVERSITY  AND  OF  THE 
INSPECTORS  OF  THE  ACADEMIES. 

go.  The  general  inspectors  of  the  University  shall  be  ap- 
pointed by  the  grand  master,  and  taken  from  among  the  offi- 
cers of  the  University ; their  number  shall  be  at  least  twenty 
and  cannot  exceed  thirty. 

91.  They  shall  be  divided  into  five  orders,  as  are  the 
faculties ; they  shall  not  belong  to  any  academy  in  particular  ; 
they  shall  visit  them  in  turns  and  upon  the  order  of  the 
grand  master,  in  order  to  ascertain  the  condition  of  the  studies 
and  of  the  discipline  in  the  faculties,  the  lycees,  and  the  col- 
leges, to  make  certain  the  accuracy  and  the  talents  of  the  pro- 
fessors, regents  and  masters  of  study,  to  examine  the  schol- 
ars, and  lastly,  to  supervise  their  administration  and  accounts. 

TITLE  XII.  OF  THE  RECTORS  OF  THE  ACADEMIES- 

94.  Each  academy  shall  be  governed  by  a rector  under  the 
immediate  orders  of  the  grand  master,  who  shall  appoint 
him  for  five  years,  and  shall  choose  him  from  among  the 
officers  of  the  academies. 

97.  They  [the  rectors]  shall  cause  the  deans  of  the  fac- 
ulties, head-masters  of  the  lycees,  and  principals  of  the  col- 
leges to  give  accounts  to  them  of  the  condition  of  these  estab- 
lishments; and  they  shall  direct  their  administration,  especially 
in  relation  to  the  severity  of  the  discipline  and  economy  in 
the  expenses. 


11 


322 


NAPOLEON  AND  EDUCATION 


98.  They  shall  cause  to  be  inspected  and  looked  after 
by  the  individual  inspectors  of  academies,  the  schools,  and 
especially  the  colleges,  institutions,  and  boarding  schools,  and 
they  themselves  shall  make  visits  as  often  as  it  is  possible  for 
them. 

TITLE  XIII.  OF  THE  REGULATIONS  TO  BE  GIVEN  TO  THE  LYCEES, 
COLLEGES,  INSTITUTIONS,  BOARDING  SCHOOLS 
AND  PRIMARY  SCHOOLS. 

101.  For  the  future,  and  after  the  complete  organization 
of  the  University,  the  head-masters  and  critics  of  the  lycees, 
the  principals  and  regents  of  the  colleges,  as  well  as  the 
masters  of  study  of  these  schools,  shall  be  bound  to  celibacy 
and  to  the  life  in  common. 

The  professors  of  the  lycees  can  be  married  and,  in  that 
case,  they  shall  dwell  outside  of  the  lycee.  The  celibate  pro- 
fessors can  dwell  therein,  and  take  advantage  of  the  life  in 
common. 

104.  There  shall  be  nothing  printed  and  published  to  an- 
nounce the  studies,  the  discipline,  the  boarding  conditions,  or 
upon  the  exercises  of  the  pupils  in  the  schools,  unless  the  dif- 
ferent programs  have  been  submitted  to  the  rectors  and  coun- 
cils of  the  academies  and  approval  has  been  obtained  for  them. 

105.  Upon  the  proposal  of  the  rectors  and  the  advice  of 
the  inspectors,  and  after  an  information  made  by  the  academic 
councils,  the  grand  master,  after  having  consulted  with  the 
council  of  the  University,  can  cause  the  closing  of  the  institu- 
tions and  schools  in  which  there  shall  have  been  discovered  se- 
rious abuses  and  principles  contrary  to  those  which  the  Univer- 
sity professes. 

107.  Measures  shall  be  taken  by  the  University  in  order 
that  the  art  of  instructing  in  reading,  writing,  and  the  first 
principles  of  arithmetic  in  the  primary  schools  shall  hence- 
forth not  be  exercised  except  by  masters  sufficiently  enlight- 
ened to  impart  readily  and  accurately  these  fundamental  ac- 
quirements necessary  for  all  men. 


CONSULATE  FOR  LIFE 


32  5 

108.  For  that  purpose  there  shall  be  established  under  the 
care  of  each  academy,  and  within  the  precincts  of  the  col- 
leges or  the  lycees,  one  or  several  normal  classes,  for  the  pur- 
pose of  training  masters  for  the  primary  schools.  The  most 
suitable  methods  for  improving  the  art  of  teaching  reading, 
writing,  and  cyphering  shall  be  set  forth  there. 

TITLE  XVI.  OF  THE  COSTUMES. 

328.  The  common  costume  for  all  the  members  of  the  Uni- 
versity shall  be  the  black  coat  with  a palm  embroidered  in  blue 
silk  upon  the  left  part  of  the  breast. 

129.  The  regents  and  professors  shall  give  their  lectures  in 
black  famine  robes.  Over  the  robe  and  upon  the  left  shoul- 
der shall  be  placed  the  shoulder  knot,  which  shall  vary  in 
color  according  to  the  faculties,  and  in  braiding  only  according 
to  the  grades. 


TITLE  XIX.  GENERAL  PROVISIONS. 

143.  The  Imperial  University  and  its  grand  master, 

charged  exclusively  by  us  with  the  care  of  education  and 
public  instruction  in  all  the  Empire,  shall  aim  without  respite 
to  improve  the  instruction  of  all  sorts,  and  to  favor  the 
composition  of  classical  works ; they  shall  particularly  take 
care  that  the  instruction  of  the  sciences  shall  always  be  upon 
the  level  of  acquired  knowledge  and  that  the  spirit  of  system 
shall  never  arrest  their  progress- 

144  and  last.  We  reserve  to  ourselves  to  recognize  and 
reward  in  a particular  manner  the  great  services  which  may 
be  rendered  by  the  members  of  the  University  for  the  in- 
struction of  our  peoples ; and  also  to  reform,  and  that  by  de- 
crees taken  in  our  council,  every  decision,  rule,  or  act  eman- 
ating from  the  council  of  the  University  or  the  grand  master, 
whenever  we  shall  deem  it  useful  for  the  good  of  the  State. 

66.  Documents  upon  the  Consulate  for  Life. 

The  first  four  of  these  documents  show  how  the  ten  years’  con- 
sulate was  transformed  into  a life  consulate.  The  enumeration  of 
reasons  in  document  B also  shows  something  of  the  popular  esti- 
mate put  upon  Napoleon's  achievements.  Document  E was  in  fact 
a new  constitution,  being  often  called  the  Constitution  of  the  Year 


324 


CONSULATE  FOR  LIFE 


X.  It  should  be  compared  with  the  Constitution  of  the  Year  VIII 
(No.  58).  The  precise  changes  effected  in  all  the  more  important 
institutions  and  methods  for  carrying  on  the  government  should  be 
carefully  noted. 

References.  Fournier,  Napoleon , 23S-241  ; Rose,  Napoleon , 
I,  283-305  ; Sloane,  Napoleon,  II,  Ch.  xxii  ; Lanfrey,  Napoleon,  II, 
225-238  ; Lavisse  and  Rambaud,  IHstoire  Gencrale,  IX,  24-30  ; Au- 
lard,  Revolution  Francaise , 743-758. 


A.  Declaration  of  the  Tribunate.  May  6,  1802  (16  Floreal, 
Year  X).  Moniteur,  May  7,  1902  (17  Floreal,  Y^ear  X). 

The  Tribunate  expresses  the  wish  that  there  should  be 
given  to  General  Bonaparte,  First  Consul  of  the  Republic,  a 
striking  token  of  national  recognition. 

The  Tribunate  orders  that  this  wish  shall  be  addressed  by 
a messenger  of  state  to  the  Conservative  Senate,  the  Corps- 
Legislatif,  and  the  Government. 

B.  Re-election  by  the  Senate.  May  6,  1802  (16  Floreal, 
YeaT  X).  Moniteur,  May  11,  1802  (21  Floreal,  Year  X). 

The  Senate,  assembled  in  the  number  of  members  pre- 
scribed by  article  90  of  the  constitutional  act ; 

In  view  of  the  message  of  the  Consuls  of  the  Republic 
transmitted  by  three  orators  of  the  Government,  and  relative 
to  the  peace  of  France  with  England ; 

After  having  heard  its  special  commission,  charged  by  its 
order  of  the  16th  of  this  month  [Floreal]  to  present  to  it 
views  upon  the  testimonial  of  national  recognition  which  the 
Senate  has  in  mind  to  give  to  the  First  Consul  of  the  Re- 
public ; 

Considering  that,  under  the  circumstances  in  which  the 
Republic  finds  itself,  it  is  the  duty  of  the  Conservative  Sen 
ate  to  employ  all  the  means  which  the  constitution  has  put 
in  its  power  in  order  to  give  to  the  Government  the  stability 
which  alone  multiplies  resources,  inspires  confidence  abroad, 
establishes  credit  within,  reassures  allies,  discourages  secret 
enemies,  turns  away  the  scourge  of  war,  permits  the  enjoy- 
ment of  the  fruits  of  peace,  and  leaves  to  wisdom  time  to  carry 
out  whatever  it  can  conceive  for  the  welfare  of  a free  people; 

Considering,  moreover,  that  the  supreme  magistrate  who, 
after  having  so  many  times  led  the  republican  legions  to  vie- 


CONSULATE  FOE  LIFE 


325 


tory,  delivered  Italy,  triumphed  in  Europe,  in  Africa,  in  Asia, 
and  filled  the  world  with  his  renown,  has  preserved  France 
from  the  horrors  of  anarchy  which  were  menacing  it,  broken 
the  revolutionary  sickle,  dispersed  the  factions,  extinguished 
civil  discords  and  religious  disturbances,  added  to  the 
benefits  of  liberty  those  of  order  and  of  security,  hastened  the 
progress  of  enlightenment,  consoled  humanity,  and  pacified 
the  Continent  and  the  seas,  has  the  greatest  right  to  the  rec- 
ognition of  his  fellow  citizens,  as  well  as  the  admiration  of 
posterity; 

That  the  wish  of  the  Tribunate,  which  has  come  to  the 
Senate  in  the  sitting  of  this  day,  under  these  circumstances, 
can  be  regarded  as  that  of  the  French  nation ; 

That  the  Senate  cannot  express  more  solemnly  to  the  First 
Consul  the  recognition  of  the  nation  than  in  giving  him  a 
striking  proof  of  the  confidence  which  he  has  inspired  in  the 
French  people; 

Considering,  finally,  that  the  second  and  the  third  consuls 
have  worthily  seconded  the  glorious  labors  of  the  First  Con- 
sul of  the  Republic ; 

In  consequence  of  all  these  motives,  and  the  votes  having 
been  collected  by  secret  ballot ; 

The  Senate  decrees  as  follows : 

1.  The  Conservative  Senate,  in  the  name  of  the  French 
people,  testifies  to  its  recognition  of  the  consuls  of  the  Re- 
public. 

2.  The  Conservative  Senate  re-elects  Citizen  Napoleon 
Bonaparte,  First  Consul  of  the  French  Republic  for  the  ten 
years  which  shall  immediately  follow  the  ten  for  which  he 
has  been  appointed  by  article  39  of  the  constitution. 

3.  The  present  senatus-consultum  shall  be  transmitted  by 
a message  to  the  Corps-Legislatif,  the  Tribunate,  and  the 
Consuls  of  the  Republic. 

C.  Message  of  the  First  Consul  to  the  Senate.  May  9, 
1802  (19  Floreal,  Year  X).  Moniteur,  May  11,  1802  (21 
Floreal,  Year  X). 

Senators : 

The  honorable  proof  of  esteem  contained  in  your  resolu- 
tion of  the  18th  will  ever  be  graven  upon  my  heart- 


326 


CONSULATE  FOR  LIFE 


The  suffrage  of  the  people  has  invested  me  with  the  su- 
preme magistracy.  I should  not  think  myself  assured^  of  their 
confidence,  if  the  act  which  retained  me  there  was  not  again 
sanctioned  by  their  suffrage. 

In  the  three  years  which  have  just  passed  away  fortune 
has  smiled  upon  the  Republic ; but  fortune  is  inconstant,  and 
how  many  men  whom  it  had  crowned  with  its  favors  have 
lived  on  some  years  too  many. 

The  interest  of  my  glory  and  that  of  my  happiness  would 
seem  to  have  marked  the  termination  of  my  public  life  at  the 
moment  in  which  the  peace  of  the  world  is  proclaimed. 

But  the  glory  and  happiness  of  the  citizen  must  be  silent, 
when  the  interest  of  the  State  and  the  public  well-being  sum- 
mon him. 

You  deem  that  I owe  to  the  people  a new  sacrifice ; I will 
make  it,  if  the  wish  of  the  people  commands  what  your  suf- 
frage authorises. 

Signed,  Bonaparte. 

D.  Order  of  the  Consuls.  May  io,  1802  (20  Floreal,  Year 
X).  Moniteur,  May  11,  1802  (21  Floreal,  Year  X). 

The  consuls  of  the  Republic,  upon  the  reports  of  the  min- 
isters, the  Council  of  State  having  been  heard ; 

In  view  of  the  act  of  the  Conservative  Senate  of  the  18th 
of  this  month ; 

The  message  of  the  First  Consul  to  the  Conservative  Sen- 
ate. by  date  of  yesterday,  the  19th ; 

Considering  that  the  resolution  of  the  First  Consul  is  a 
striking  homage  rendered  to  the  sovereignty  of  the  people ; 
that  the  people,  consulted  upon  their  dearest  interests,  ought 
not  to  know  any  other  limits  than  their  own  interests,  orders 
as  follows : 

1.  The  French  people  shall  be  consulted  upon  this  ques- 
tion : 

Shall  Napoleon  Bonaparte  be  Consul  for  life? 

2.  There  shall  be  opened  in  each  commune  registers,  in 
which  the  citizens  shall  be  invited  to  express  their  wish  upon 
that  question. 


CONSULATE  FOR  LIFE 


327 


E.  Senatus-Consultum.  August  4,  1802  (16  Thermidor, 
Year  X).  Duvergier,  Lois,  XIII,  262-267. 

title  1. 

1.  Each  justice  of  the  peace  jurisdiction  has  a cantonal 
assembly. 

2.  Each  communal  district  or  sub-prefecture  district  has 
a district  electoral  college. 

3.  Each  department  has  a department  electoral  college. 

TITLE  II.  OF  THE  CANTONAL  ASSEMBLIES. 

4.  The  cantonal  assembly  consists  of  all  the  citizens  dom- 
iciled in  the  canton  and  who  are  enrolled  there  upon  the  dis- 
trict communal  list. 

Counting  from  the  date  at  which,  by  the  terms  of  the  Con- 
stitution, the  communal  lists  must  be  renewed,  the  cantonal 
assembly  shall  be  composed  of  all  the  citizens  domiciled  in 
the  canton  and  who  there  enjoy  the  rights  of  citizenship. 

5.  The  First  Consul  appoints  the  president  of  the  cantonal 
assembly. 

His  functions  continue  for  five  years : he  can  be  reap- 
pointed indefinitely. 

He  is  assisted  by  four  tellers,  two  of  whom  are  the  eldest 
and  the  other  two  the  most  highly  taxed  of  the  citizens  having 
the  right  to  vote  in  the  assembly  of  the  canton. 

The  president  and  the  four  tellers  appoint  the  secretary. 

6.  The  cantonal  assembly  divides  itself  into  sections  in 
order  to  perform  the  operations  which  belong  to  it. 

At  the  first  meeting  of  each  assembly  its  organization  and 
forms  shall  be  determined  by  a regulation  issued  by  the  Gov- 
ernment. 

7.  The  president  of  the  cantonal  assembly  appoints  the 
presidents  of  the  sections. 

Their  functions  terminate  with  each  sectional  assembly. 

They  are  each  assisted  by  two  tellers,  one  of  whom  is  the 
eldest,  and  the  other  the  most  highly  taxed  of  the  citizens 
having  the  right  to  vote  in  the  section. 

8.  The  cantonal  assembly  selects  two  citizens  from  whom 
the  First  Consul  chooses  the  justice  of  the  peace  of  the  canton. 

It  likewise  selects  two  citizens  for  each  vacant  place  of 
substitute  justice  of  the  peace. 


328 


CONSULATE  FOR  LIFE 


g.  The  justices  of  the  peace  and  their  substitutes  are  ap- 
pointed for  ten  years. 

10.  In  cities  of  five  thousand  souls,  the  cantonal  assembly 
presents  two  citizens  for  each  of  the  places  in  the  municipal 
council.  In  cities  in  which  there  are  several  justices  of  the 
peace  or  several  cantonal  assemblies,  each  assembly  shall  like- 
wise present  two  citizens  for  each  place  in  the  municipal  coun- 
cil. 

11.  The  members  of  the  municipal  councils  are  taken  by 
each  cantonal  assembly  from  the  list  of  the  one  hundred  larg- 
est tax-payers  of  the  canton.  This  list  shall  be  drawn  up  and 
printed  by  order  of  the  prefect. 

12.  The  municipal  councils  are  renewed  by  half  every  ten 
years. 

13.  The  First  Consul  chooses  the  mayors  and  deputies- 
within  the  municipal  councils ; the}'  are  in  office  for  five  years : 
they  can  be  reappointed. 

14.  The  cantonal  assembly  appoints  to  the  district  elector- 
al college  the  number  of  members  assigned  to  it  by  reason  of 
the  number  of  citizens  of  which  it  is  composed. 

15.  It  appoints  to  the  department  electoral  college,  out 
of  a list  to  be  spoken  of  hereafter,  the  number  of  members 
allowed  to  it. 

16.  The  members  of  the  electoral  colleges  must  be  dom- 
iciled in  their  respective  districts  and  departments. 

17.  The  Government  convokes  the  cantonal  assemblies, 
and  determines  the  time  of  their  duration  and  the  purpose  of 
their  meeting. 

TITLE  III.  OF  THE  ELECTORAL  COLLEGES. 

18.  The  district  electoral  colleges  have  one  member  for 
five  hundred  inhabitants  domiciled  in  the  district. 

Nevertheless,  the  number  of  members  cannot  exceed  two 
hundred  nor  be  less  than  one  hundred  and  twenty. 

19.  The  department  electoral  colleges  have  one  member  per 
thousand  inhabitants  domiciled  in  the  department;  neverthe- 
less, these  members  cannot  exceed  three  hundred  nor  be  less 
than  two  hundred. 

20.  The  members  of  the  electoral  colleges  are  for  life. 

21.  If  a member  of  an  electoral  college  is  denounced  to  the 
Government  as  being  implicated  in  some  act  prejudicial  to 


CONSULATE  FOR  LIFE 


329 


honor  or  to  the  fatherland,  the  Government  summons  the 
college  to  express  its  opinion ; there  must  be  three-fourths  of 
the  votes  in  order  to  cause  a denounced  member  to  lose  his 
place  in  the  college. 

22.  Places  in  the  electoral  college  are  lost  for  the  same 
causes  which  entail  loss  of  citizenship. 

They  are  also  lost  when,  without  legitimate  excuse,  one  has 
not  participated  in  three  successive  meetings. 

23.  The  First  Consul  appoints,  at  each  session,  the  pres- 
idents of  the  electoral  college. 

The  president  alone  has  the  policing  of  the  electoral  col- 
lege when  it  is  assembled. 

24.  The  electoral  colleges  appoint,  at  each  session,  two 
tellers  and  a secretary. 

25.  In  order  to  provide  for  the  formation  of  the  depart- 
ment electoral  colleges,  there  shall  be  prepared  in  each  de- 
partment, under  orders  of  the  minister  of  finances,  a list  of 
the  six  hundred  citizens  most  highly  rated  upon  the  land, 
personal  property,  and  sumptuary  tax-rolls  and  upon  the  roll 
of  licenses. 

There  is  added  to  the  amount  of  the  tax  in  the  domicile 
of  the  department  that  which  can  be  proven  to  have  been 
paid  in  the  other  parts  of  the  territory  of  France  and  its  col- 
onies. 

This  list  shall  be  printed. 

26.  The  cantonal  assembly  shall  take  from  this  list  the 
members  whom  it  must  appoint  to  the  electoral  college  of  the 
department. 

27.  The  First  Consul  can  add  to  the  district  electoral  col- 
lege ten  members  taken  from  among  the  citizens  belonging 
to  the  Legion  of  Honor,  or  who  have  rendered  the  services. 

He  can  add  to  each  department  electoral  college  twenty  cit- 
izens, ten  of  them  taken  from  among  the  thirty  largest  tax- 
payers of  the  department,  and  the  other  ten  from  among  the 
members  of  the  Legion  of  Honor  or  the  citizens  who  have  ren- 
dered the  services. 

For  these  appointments  he  is  not  subject  to  the  fixed 
periods. 

28.  The  district  electoral  colleges  present  to  the  First 


330 


CONSULATE  FOR  LIFE 


Consul  two  citizens  domiciled  in  the  district  for  each  vacant 
place  in  the  district  council. 

At  least  one  of  the  citizens  must  be  taken  from  outside 
of  the  college  which  presents  him. 

The  district  councils  are  renewed  by  thirds  every  five  years. 

2Q.  The  district  electoral  colleges  present  at  each  meeting 
two  citizens  to  make  part  of  the  list  from  which  the  members 
of  the  tribunate  must  be  chosen. 

At  least  one  of  these  citizens  must  necessarily  be  taken 
fiom  outside  of  the  college  which  presents  him. 

Both  can  be  taken  from  outside  of  the  department. 

30.  The  department  electoral  colleges  present  to  the  First 
Consul  for  each  vacant  place  in  the  general  council  of  the  de- 
partment two  citizens  domiciled  in  the  department. 

At  least  one  of  these  citizens  must  necessarily  be  taken 
from  outside  of  the  electoral  college  that  presents  him. 

The  general  councils  of  the  department  are  renewed  by 
thirds  every  five  years. 

31.  The  department  electoral  colleges  present  at  each 
meeting  two  citizens  in  order  to  form  the  list  from  which  the 
members  of  the  Senate  are  appointed. 

At  least  one  must  necessarily  be  taken  from  outside  the 
college  which  presents  him ; and  both  can  be  taken  from  out- 
side the  department. 

They  must  have  the  age  and  qualifications  required  by  the 
Constitution. 

32.  The  department  and  district  electoral  colleges  each 
present  two  citizens  domiciled  in  the  department  in  order  to 
form  the  list  from  which  the  members  of  the  deputation  in 
the  Corps-Legislatif  must  be  appointed. 

One  of  these  citizens  must  necessarily  be  taken  from  out- 
side the  college  that  presents  him. 

There  must  be  three  times  as  many  different  candidates 
upon  the  list  formed  by  the  union  of  the  presentations  of  the 
department  and  district  electoral  colleges  as  there  are  vacant 
places. 

33.  One  can  be  a member  of  a communal  council  and  of 
a district  or  department  electoral  college. 

One  cannot  be  at  the  same  time  a member  of  a district 
college  and  a department  college. 


CONSULATE  FOR  LIFE 


331 


34.  The  members  of  the  Corps-Legislatif  and  of  the 
Tribunate  cannot  be  present  at  the  meetings  of  the  electoral 
college  to  which  they  belong.  All  other  public  functionaries 
have  the  right  to  be  present  and  to  vote  there. 

35.  No  cantonal  assembly  proceeds  to  make  appointments 
for  the  places  which  belong  to  it  in  an  electoral  college,  except 
when  these  places  are  reduced  to  two-thirds. 

36.  The  electoral  colleges  assemble  only  in  virtue  of  an 
act  of  convocation  issued  by  the  Government,  and  in  the  place 
which  is  assigned  to  them. 

They  cannot  engage  in  any  operations  except  those  for 
which  they  are  convoked,  nor  continue  their  sittings  beyond 
the  term  fixed  by  the  act  of  convocation. 

If  they  exceed  these  limits  the  Government  has  the  right  to 
dissolve  them. 

37.  The  electoral  colleges  cannot  directly  or  indirectly, 
under  any  pretext  whatever,  correspond  with  each  other. 

38.  The  dissolution  of  an  electoral  body  makes  necessary 
the  renewal  of  all  its  members. 

TITLE  IV.  OF  THE  CONSULS. 

39.  The  consuls  are  for  life. 

They  are  members  of  the  Senate,  and  the  president. 

40.  The  second  and  third  consuls  are  appointed  by  the 
Senate  upon  the  presentation  of  the  first. 

41.  For  that  purpose,  when  one  of  the  two  places  becomes 
vacant,  the  First  Consul  presents  to  the  Senate  a first  choice ; 
if  he  is  not  appointed,  he  presents  a second ; if  the  second  is 
not  accepted,  he  presents  a third  who  is  necessarily  appointed. 

42.  When  the  First  Consul  thinks  it  seasonable,  he  pre- 
sents a citizen  to  succeed  him  after  his  death,  in  the  form  in- 
dicated by  the  preceding  article. 

43.  The  citizen  appointed  to  succeed  the  First  Consul 
takes  an  oath  to  the  Republic  at  the  hands  of  the  First  Con- 
sul, assisted  by  the  second  and  third  Consuls,  in  the  presence 
of  the  Senate,  the  ministers,  the  Council  of  State,  the  Corps- 
Legislatif,  the  Tribunate,  the  Tribunal  of  Cassation,  the  arch- 
bishops, the  bishops,  the  presidents  of  the  appellate  tribunals, 
the  presidents  of  the  electoral  colleges,  the  presidents  of  the 
cantonal  assemblies,  the  grand  officers  of  the  Legion  of  Honor, 


332 


CONSULATE  FOR  LIFE 


and  the  mayors  of  the  twenty-four  principal  cities  of  the  Re- 
public. 

The  Secretary  of  State  prepares  the  record  of  the  taking  of 
the  oath. 

44.  The  oath  is  thus  expressed : 

“I  swear  to  maintain  the  Constitution,  to  respect  liberty  of 
conscience,  to  oppose  a return  to  feudal  institutions,  never 
to  make  war  except  for  the  defence  and  glory  of  the  Repub- 
lic, and  to  employ  the  authority  with  which  I shall  be  in- 
vested only  for  the  good  of  the  people,  from  whom  and  for 
whom  I shall  have  received  it.” 

45.  Having  taken  the  oath,  he  takes  a seat  in  the  Senate 
immediately  next  to  the  Third  Consul. 

46.  The  First  Consul  can  deposit  in  the  archives  of  the 
government  his  opinion  upon  the  appointment  of  his  succes- 
sor, in  order  to  be  presented  to  the  Senate  after  his  death. 

47.  In  that  case  he  summons  the  Second  and  Third  Con- 
suls, the  ministers,  and  the  presidents  of  the  sections  of  the 
Council  of  State. 

In  their  presence  he  transfers  to  the  Secretary  of  State  the 
paper,  sealed  with  his  seal,  in  which  his  opinion  is  contained. 
This  paper  is  attested  by  all  those  who  are  present  at  the  act. 

The  Secretary  of  State  deposits  it  in  the  archives  of  the 
Government  in  the  presence  of  the  ministers  and  the  pres- 
idents of  the  sections  of  the  Council  of  State. 

48.  The  First  Consul  can  withdraw  his  deposit,  observing 
the  formalities  prescribed  in  the  preceding  article. 

49.  After  the  death  of  the  First  Consul,  if  his  opinion 
remains  on  deposit,  the  paper  which  contains  it  is  withdrawn 
from  the  archives  of  the  Government  by  the  Secretary  of  State, 
in  the  presence  of  the  ministers  and  presidents  of  the  sections 
of  the  Council  of  State.  The  integrity  and  authenticity  of 
it  is  recognized  in  the  presence  of  the  Second  and  Third 
Consuls.  It  is  forwarded  to  the  Senate  with  a message  of  the 
Government,  together  with  the  dispatch  of  the  records  which 
have  established  its  deposit,  authenticity,  and  integrity. 

50.  If  the  person  presented  by  the  First  Consul  is  not  ap- 
pointed, the  Second  and  Third  Consuls  each  present  one : in 
case  of  non-appointment,  they  each  present  another,  and  one 
of  the  two  is  necessarily  appointed. 


CONSULATE  FOR  LIFE 


333 


51.  If  the  First  Consul  has  not  left  any  presentation,  the 
Second  and  Third  Consuls  make  their  separate  presentations ; 
one  first  and  one  second ; and  if  neither  of  them  obtains  the 
appointment,  a third.  The  Senate  necessarily  appoints  from 
the  third. 

52.  In  any  case  the  presentations  and  the  appointment  must 
be  consummated  within  the  twenty-four  hours  which  shall 
follow  the  death  of  the  First  Consul. 

53.  The  law  fixes  for  the  life  of  each  First  Consul  the  list 
of  the  expenses  of  the  Government. 

TITLE  V.  OF  THE  SENATE. 

54.  The  Senate  regulates  by  an  organic  senatus-consultum : 

1st.  The  constitution  of  the  colonies : 

2d.  All  which  has  not  been  provided  for  by  the  Constitu- 
tion and  which  is  necessary  for  its  operation : 

3d.  It  interprets  the  articles  of  the  Constitution  which  give 
rise  to  different  interpretations. 

35.  The  Senate  by  the  decrees  entitled  senatus-consulta : 

1st.  Suspends  for  five  years  the  functions  of  juries  in  the 
departments  in  which  that  measure  is  necessary : 

2d.  Declares,  when  circumstances  require  it,  the  depart- 
ments that  are  outside  of  the  Constitution ; 

3d.  Determines  the  time  within  which  the  persons  arrested 
in  virtue  of  article  46  of  the  Constitution  must  be  brought 
before  the  tribunals,  when  they  have  not  been  within  ten 
days  after  their  arrest ; 

4th.  Annuls  the  judgments  of  the  tribunals  when  they 
are  injurious  to  the  security  of  the  state; 

5th.  Dissolves  the  Corps-Legislatif  and  the  Tribunate; 

6th.  Appoints  the  Consuls. 

56.  The  organic  senatus-consulta  and  the  senatus-consulta 
are  considered  by  the  Senate,  upon  the  initiative  of  the  Gov- 
ernment. 

A simple  majority  suffices  for  the  senatus-consulta;  there 
must  be  two-thirds  of  the  votes  of  the  members  present  for 
an  organic  senatus-consultum. 

57.  The  proposals  for  senatus-consulta,  made  in  conse- 
quence of  articles  55  and  56,  are  discussed  in  a privy  council, 
composed  of  the  Consuls,  two  Ministers,  two  Senators,  two 


334 


CONSULATE  FOR  LIFE 


Councillors  of  State,  and  two  grand  officers  of  the  Legion  of 
Honor. 

The  First  Consul  designates  at  each  sitting  the  members 
who  shall  compose  the  privy  council. 

58.  The  First  Consul  ratifies  treaties  of  peace  and  alliance, 
after  having  taken  the  opinion  of  the  privy  council. 

Before  promulgating  them,  he  gives  notice  of  them  to  the 
Senate. 

59.  The  decree  of  appointment  of  a member  of  the  Corps- 
Legislatif,  the  Tribunate,  and  the  Tribunal  of  Cassation  is 
entitled  arrete. 

60.  The  decrees  of  the  Senate  relative  to  its  police  and  its 
internal  administration  are  entitled  deliberations. 

61.  In  the  course  of  the  Year  XI  appointments  shall  be 
made  of  the  forty  citizens  to  complete  the  number  of  the 
eighty  senators  fixed  by  article  15  of  the  Constitution. 

These  appointments  shall  be  made  by  the  Senate,  upon 
the  presentation  of  the  First  Consul^  who,  for  this  presenta- 
tion and  for  the  further  presentations  within  the  number  of 
eighty,  takes  three  persons  from  the  list  of  citizens  prepared 
by  the  electoral  colleges. 

62.  The  members  of  the  grand  council  of  the  Legion  of 
Honor  are  members  of  the  Senate,  whatever  may  be  their 
ages. 

63.  The  First  Consul  can,  in  addition,  appoint  to  the  Sen- 
ate, without  previous  presentation  by  the  department  electoral 
colleges,  citizens  distinguished  by  their  services  and  their 
talents,  on  condition,  nevei-theless,  that  they  shall  be  of  the  age 
required  by  the  Constitution,  and  that  the  number  of  sen- 
ators shall  in  no  case  exceed  one  hundred  and  twenty. 

64.  The  senators  can  be  Consuls,  ministers,  members  of 
the  Legion  of  Honor,  inspectors  of  public  instruction,  and 
employees  in  extraordinary  and  temporary  missions. 

The  Senate  appoints  each  year  two  of  its  members  to  fill 
the  functions  of  secretaries. 

65.  The  Ministers  have  seats  in  the  Senate,  but  without 
deliberative  voice  unless  they  are  Senators. 

TITLE  VI.  OF  THE  COUNCILLORS  OF  STATE. 

66.  The  Councillors  of  State  shall  never  exceed  the  num- 
ber of  fifty. 


CONSULATE  FOE  LIFE 


3,35 


67.  The  Council  of  State  is  divided  into  sections. 

68.  The  ministers  have  rank,  seats  and  deliberative  voice 
in  the  Council  of  State. 

TITLE  VII.  OF  THE  CORFS-LEGISLATIF. 

69.  Each  department  shall  have  in  the  Corps-Legislatif  a 
number  of  members  proportionate  to  the  extent  of  its  pop- 
ulation in  conformity  with  the  appended  table. 

70.  All  members  of  the  Corps-Legislatif  belonging  to  the 
same  deputation  are  appointed  at  the  same  time. 

71.  The  departments  of  the  Republic  are  divided  into  five 
series,  in  conformity  with  the  appended  table. 

72.  The  present  deputies  are  classed  in  the  five  series. 

73.  They  shall  be  renewed  in  the  year  to  which  shall  be- 
long the  series  in  which  the  department  shall  be  placed  to  which 
they  shall  have  been  attached. 

74.  Nevertheless,  the  deputies  who  have  been  appointed 
in  the  Year  X shall  complete  their  five  years. 

75.  The  Government  convokes,  adjourns  and  prorogues 
the  Corps-Legislatif. 

TITLE  VIII.  OF  THE  TRIBUNATE. 

76.  Dating  from  the  Year  XIII,  the  Tribunate  shall  be  re- 
duced to  fifty  members. 

Half  of  the  fifty  shall  retire  every  third  year.  Until  this 
reduction,  the  retiring  members  shall  not  be  replaced. 

The  Tribunate  is  divided  into  sections. 

77.  The  Corps-Legislatif  and  the  Tribunate  are  renewed 
in  their  whole  membership  when  the  Senate  has  decreed  their 
dissolution. 

TITLE  IX.  OF  JUSTICE  AND  THE  TRIBUNALS. 

78.  There  is  a high-judge  minister  of  justice. 

79.  He  has  a distinguished  place  in  the  Senate  and  the 
Council  of  State. 

80.  He  presides  over  the  Tribunal  of  Cassation  and  the 
tribunals  of  appeal,  when  the  Government  thinks  it  desirable. 

81.  He  has  the  right  of  surveillance  and  reproof  over  the 
tribunals,  the  members  who  compose  them,  and  the  justices 
of  the  peace. 

82.  The  Tribunal  of  Cassation,  presided  over  by  him,  has 
the  right  of  censure  and  discipline  over  the  tribunals  of  appeal 
and  the  criminal  tribunals : it  can,  for  grave  cause,  suspend 


336 


LEGION  OF  HONOR  LAW 


the  judges  from  their  functions,  and  cite  them  before  the  high 
judge,  in  order  to  there  render  account  of  their  conduct. 

83.  The  tribunals  of  appeal  have  the  right  of  surveillance 
over  the  civil  tribunals  of  their  jurisdiction,  and  the  civil 
tribunals  over  the  justices  of  the  peace  of  their  district. 

84.  The  commissioner  of  the  Government  to  the  Tribunal 
of  Cassation  supervises  the  commissioners  to  the  tribunals  of 
appeal  and  the  criminal  tribunals. 

The  commissioners  to  the  tribunals  of  appeal  supervise 
the  commissioners  to  the  civil  tribunals. 

85.  The  members  of  the  Tribunal  of  Cassation  are  ap- 
pointed by  the  Senate,  upon  the  presentation  of  the  First  Con- 
sul. 

The  First  Consul  presents  three  persons  tor  each  vacant 
place. 

TITLE  X.  RIGHT  OF  PARDON. 

86.  The  First  Consul  has  the  right  to  pardon. 

He  exercises  it  after  having  heard  in  a privy  council  the 
high-judge,  two  ministers,  two  senators,  two  Councillors  of 
State,  and  two  judges  of  the  Tribunal  of  Cassation. 

[The  appended  tables  are  omitted.] 


67.  Law  for  Organizing  the  Legion  of  Honor. 


May  19.  1S02  (29  Floreal,  Year  X).  Duvergier,  Lois,  XIII, 
199-200. 

This  law  created  one  of  the  most  enduring  and  characteristic 
of  the  institutions  of  Napoleon.  It  still  exists  and  membership  is 
highly  prized.  The  provisions  in  relation  to  the  admission  of 
members  and  the  oath  of  the  Legion  should  be  particularly  no- 
ticed. 


References.  Rose,  Napoleon,  I,  262-265  ; Sloane,  Napoleon, 
II,  158-159  ; Lanfrey,  Napoleon,  II,  231-234  ; Lavisse  and  Rambaud, 
Histoire  Generate,  IX,  31-32. 

TITLE  I.  CREATION  AND  ORGANIZATION  OF  THE  LEGION  OF 
HONOR. 

i.  In  fulfillment  of  article  87  of  the  constitution,  concern- 
ing military  rewards,  and  in  order  also  to  reward  civil  services 
and  virtues,  there  shall  be  formed  a Legion  of  Honor. 


LEGION  OF  HONOR  LAW 


337 


2.  This  legion  shall  be  composed  of  a grand  council  of 
administration  and  fifteen  cohorts,  each  of  which  shall  have 
its  own  headquarters. 

3.  National  lands  providing  two  hundred  thousand  francs 
of  income  shall  be  appropriated  for  each  cohort. 

4.  The  grand  council  of  administration  shall  be  composed 
of  seven  grand  officers,  to  wit : the  three  Consuls,  and  four 
other  members,  one  of  whom  shall  be  appointed  from  among 
the  senators  by  the  Senate,  another  from  among  the  mem- 
bers of  the  Corps-Legislatif  by  the  Corps-Legislatif,  another 
from  among  the  members  of  the  Tribunate  by  the  Tribunate, 
and,  lastly,  one  from  among  the  Councillors  of  State  by  the 
Council  of  State.  The  members  of  the  grand  council  of  admin- 
istration shall  retain  during  their  lives  the  title  of  grand  of- 
ficer, even  though  they  may  be  replaced  as  the  result  of  new 
elections. 

5.  The  First  Consul  is  ex-ofhcio  head  of  the  Legion  and 
president  of  the  grand  council  of  administration. 

6-  Each  cohort  shall  be  composed  of  seven  grand  officers, 
twenty  commandants,  thirty  officers,  and  three  hundred  and 
fifty  legionaries. 

Memberships  in  the  Legion  are  for  life. 

7.  There  shall  be  appropriated  for  each  grand  officer  five 
thousand  francs ; 

For  each  commandant,  two  thousand  francs; 

For  each  officer,  a thousand  francs ; 

For  each  legionary,  two  hundred  and  fifty  francs. 

These  stipends  shall  be  taken  from  the  lands  appropriated 
for  each  cohort. 

8.  Each  person  admitted  to  the  Legion  shall  swear  upon 
his  honor  to  devote  himself  to  the  service  of  the  Republic,  to 
the  preservation  of  its  territory  in  its  integrity,  to  the  defence 
of  its  Government,  its  laws  and  the  properties  which  they 
have  consecrated ; to  combat  with  all  the  means  that  justice, 
reason  and  the  laws  authorise,  every  undertaking  having  a ten- 
dency to  re-establish  the  feudal  regime,  or  to  reproduce  the 
titles  and  qualities  which  were  symbolical  of  it ; lastly,  to  assist 
with  all  his  power  in  the  maintenance  of  liberty  and  equality. 

9.  There  shall  be  established  in  each  head-quarters  of  a 
cohort  a hospital  and  dwellings  to  receive  either  the  members 


338 


LEGION  OF  HONOR  LAW 


of  the  Legion  whose  age,  infirmities  or  wounds  may  have 
made  it  impossible  for  them  to  serve  the  State,  or  the  military 
men  who,  after  having  been  wounded  in  the  war  for  liberty, 
may  find  themselves  in  need. 

TITLE  II.  COMPOSITION. 

1.  All  military  men  who  have  received  arms  of  honor  are 
members  of  the  Legion. 

The  military  men  who  have  rendered  important  services  to 
the  State  in  the  war  for  liberty ; 

The  citizens  who  by  their  knowledge,  their  talents  or  their 
virtues,  have  contributed  to  the  establishment  or  defence  of  the 
principles  of  the  Republic,  or  have  made  justice  or  the  public 
administration  loved  and  respected  shall  be  eligible  for  ap- 
pointment. 

2.  The  grand  council  of  administration  shall  appoint  the 
members  of  the  Legion. 

3.  During  the  ten  years  of  peace  which  shall  follow  the 
first  formation,  the  places  which  become  vacant  shall  remain 
vacant  to  the  extent  of  a tenth,  and  in  succession  to  the  extent 
of  a fifth.  These  places  shall  be  filled  only  at  the  end  of  the 
first  campaign. 

4.  In  times  of  war  there  shall  be  no  appointments  to 
vacant  places  except  at  the  end  of  each  campaign. 

5.  In  times  of  war  distinguished  acts  shall  furnish  a title 
for  all  the  grades. 

6.  In  times  of  peace  one  must  have  had  twenty-five  years 
of  military  service  in  order  to  be  appointed  a member  of  the 
Legion ; the  years  of  service  in  time  of  war  shall  count  double 
and  each  campaign  of  the  last  war  shall  count  for  four  years. 

7.  Great  services  rendered  to  the  State  in  legislative  func- 
tions, diplomacy,  administration,  justice  or  the  sciences,  shall 
also  be  titles  for  admission,  provided  th<-  person  who  shall  have 
rendered  them  has  made  part  of  the  National  Guard  of  the 
place  of  his  domicile. 

8.  After  the  first  organization,  no  one  can  be  admitted  into 
the  Legion  who  has  not  performed  his  functions  for  twenty- 
five  years  with  the  requisite  distinction. 

9.  After  the  first  organization,  no  one  can  advance  to  a 
higher  grade  except  after  having  passed  through  the  lower 
grade. 


COLONIAL  SLAVERY  LAW 


339 


io.  The  details  of  the  organization  shall  be  determined 
by  the  public  regulations  of  administration : they  must  be 
made  by  i Vendemiare,  Year  XII,  and  that  time  passed,  noth- 
ing in  them  can  be  changed  except  through  laws. 


68.  Law  for  Re-establishing  Slavery  in  the  French 
Colonies. 


May  20,  1802  (30  Floreal,  Year  X).  Duvergier,  Lois,  XIII, 
208. 

During  the  interval  between  the  peace  of  Amiens  and  the  re- 
newal of  the  war  with  England,  Napoleon  was  engaged  upon  a 
vast  design  for  the  restoration  of  the  once  extensive  colonial 
empire  of  Prance.  His  plan  included  the  establishment  of  French 
colonies  in  America,  India  and  Australia.  This  law  was  intended 
to  promote  the  first  step  towards  the  realization  of  the  American 
branch  of  the  scheme,  the  re-establishment  of  French  authority 
in  San  Domingo.  It  had  precisely  the  opposite  effect. 

References.  Rose,  Napoleon,  I,  Ch.  xv ; Henry  Adams,  His- 
tory of  the  United  States,  I,  Chs.  xm-xvi,  passim,  for  Napoleon's 
colonial  plans. 


1.  In  the  colonies  restored  to  France  in  fulfilment  of  the 
treaty  of  Amiens  of  6 Germinal,  Year  X,  slavery  shall  be 
maintained  in  conformity  with  the  laws  and  regulations  in 
force  prior  to  1789. 

2.  The  same  shall  be  done  in  the  other  French  colonies 
beyond  the  Cape  of  Good  Hope. 

3.  The  trade  in  the  blacks  and  their  importation  into  the 
said  colonies  shall  take  place  in  conformity  with  the  laws  and 
regulations  existing  prior  to  the  said  date  of  1789. 

4.  Notwithstanding  all  previous  laws,  the  government  of 
the  colonies  is  subject  for  ten  years  to  the  regulations  which 
shall  be  made  by  the  Government. 


Declaration  of  France  upon  the  Reorganization 
of  Germany. 


August  18,  1802.  De  Clereq,  Traites,  I,  596-603. 

The  reorganization  of  Germany  through  the  recez  adopted  by 


340 


REORGANIZATION  OP  GERMANY 


the  Diet  at  Ratisbon  on  March  24,  1803,  was  substantially  along 
the  lines  dictated  by  Napoleon  in  this  document.  The  length  of 
the  passage  containing  the  suggested  changes  has  made  necessary 
its  omission  ; the  chief  feature  was  the  elimination  of  the  eccle- 
siastical princes,  nearly  all  of  the  city  republics,  and  the  knights 
of  the  Empire,  through  the  transfer  of  their  territories  to  other 
states  or  princes  who  had  lost  their  possessions  in  the  countries 
which  France  had  revolutionized.  The  portion  here  given  shows 
something  of  the  circumstances  which  made  possible  the  interven- 
tion of  France  and  the  manner  in  which  the  transaction  was  offi- 
cially represented. 

References.  Fyffe,  Modern  Europe,  I,  247-257  (Popular  ed., 
166-173)  ; Fournier,  Napoleon,  257-262  ; Sloane,  Napoleon,  II,  169- 
.171 ; Lavisse  and  Rambaud,  Histoire  Generale,  IX,  67-69. 


The  First  Consul  of  the  French  Republic,  being  animated 
by  the  desire  to  contribute  to  the  consolidation  of  the  repose  of 
the  Germanic  Empire,  no  method  has  appeared  to  him  more 
suitable  for  obtaining  this  object  of  his  solicitude  than  that 
of  formulating  in  a plan  of  indemnity,  as  well  adapted  to  re- 
spective convenience  as  circumstances  have  permitted,  an  ar- 
rangement calculated  to  produce  that  salutary  result ; and  an 
agreement  of  views  having  been  established  in  this  matter 
between  the  First  Consul  of  the  French  Republic  and  His  Im- 
perial Majesty  of  all  the  Russias,  he  [the  First  Consul]  has 
authorised  the  Minister  of  Foreign  Affairs  to  co-operate  with 
the  Minister  Plenipotentiary  of  His  Imperial  Majesty  of  Rus- 
sia upon  the  most  suitable  means  of  applying  the  principles 
adopted  regarding  these  indemnifications  for  the  different 
demands  of  the  interested  parties.  The  result  of  this  effort 
having  obtained  his  approval,  he  has  ordered  the  undersigned 
to  bring  it  to  the  knowledge  of  the  Diet  of  the  Empire  by  the 
present  declaration,  a measure  to  which  the  First  Consul  of 
the  French  Republic,  as  well  as  His  Imperial  Majesty,  have 
been  determined  by  the  following  considerations : 

Article  VII  of  the  Treaty  of  Luneville,  having  stipulated 
that  the  hereditary  Princes,  whose  possessions  were  included  in 
the  cession  made  to  France  of  the  countries  situated  upon  the 
left  of  the  Rhine,  should  be  indemnified,  it  has  been  recognized 
that,  in  conformity  with  what  had  been  formerly  decided  upon 
at  the  Congress  of  Rastadt,  this  indemnification  should  be  car- 
ried out  by  way  of  secularization ; but,  although  perfectly 
agreed  upon  the  basis  of  indemnification,  the  interested  States 


REORGANIZATION  OF  GERMANY 


341 


have  continued  so  opposed  in  views  upon  the  distribution  that 
it  has  appeared  until  now  impossible  to  proceed  to  the  ex- 
ecution of  the  aforesaid  article  of  the  Treaty  of  Luneville. 

And  although  the  Diet  of  the  Empire  has  appointed  a com- 
mission especially  charged  to  occupy  itself  with  this  important 
matter,  it  is  well  enough  seen,  by  the  obstacles  which  its  meet- 
ing encounters,  how  much  the  opposition  of  interests  and  the 
jealousy  of  pretensions  place  obstacles  in  the  way  of  that 
which  the  regulation  of  the  indemnities  in  Empire  derives  from 
the  spontaneous  action  of  the  Germanic  Body. 

It  is  this  which  has  caused  the  First  Consul  of  the  Repub- 
lic and  His  Majesty  the  Emperor  of  Russia  to  think  that  it 
was  fitting  for  two  perfectly  disinterested  Powers  to  present 
their  mediation  and  to  offer  for  the  deliberation  of  the  Imperial 
Diet  a general  plan  of  indemnity,  drawn  up  according  to  cal- 
culations of  the  most  rigorous  impartiality,  and  in  which  an 
endeavor  has  been  made  both  to  compensate  the  recognized 
losses  and  to  preserve  among  the  principal  Houses  in  Germany 
the  equilibrium  which  existed  before  the  war. 

In  consequence,  after  having  examined  with  the  most 
scrupulous  attention,  all  the  memoirs  presented  by  the  inter- 
ested parties,  as  well  upon  the  value  of  the  losses  as  upon 
the  demands  for  indemnity,  they  have  remained  agreed  to 
propose  that  the  indemnification  should  be  accorded  in  the 
following  manner : 


Such  is  the  total  of  the  arrangements  and  considerations 
which  the  undersigned  has  been  ordered  to  present  to  the  Im- 
perial Diet,  and  upon  which  he  believes  that  he  ought  to  call 
for  the  most  prompt  and  serious  deliberation,  expressing  to  it, 
in  the  name  of  his  Government,  that  the  interest  of  Germany, 
the  consolidation  of  the  general  peace  and  tranquility  of  Eu- 
rope, demand  that  everything  which  concerns  the  regulation 
of  the  Germanic  indemnities  should  be  terminated  within  the 
space  of  two  months. 


Signed,  Ch.  Mau.  Talleyrand. 


342 


TREATY  WITH  STAIN 


70.  Treaty  with  Spain. 


October  19,  1803  (26  VendSmaire,  Year  XII j.  De  Clercq, 

Traitcs,  II,  82-84. 

Shortly  after  the  renewal  of  the  war  with  England,  Napoleon 
made  a series  of  treaties  with  the  states  dependent  upon  Prance. 
This  document  is  typical  of  the  series.  It  illustrates  one  of  Na- 
poleon's methods  of  supporting  his  wars  and  shows  the  character 
of  the  relationship  existing  between  France  and  Spain. 

Refebences.  Fournier,  Napoleon,  268-269  ; Rose,  Napoleon,  I, 
403-404 ; Sloane,  Napoleon,  II,  184  ; Lanfrey,  Napoleon,  II,  310- 
319. 

The  First  Consul  of  the  French  Republic,  in  the  name  of 
the  French  People,  and  His  Majesty  the  King  of  Spain,  de- 
siring to  prevent  the  consequences  of  the  misunderstanding  to 
which  the  present  difficulties  between  the  two  Governments 
tend  to  give  birth  and  wishing  at  the  same  time  to  establish  for 
the  time  of  the  present  war,  in  a manner  more  conformable  to 
circumstances  and  the  interests  of  the  two  States,  the  interpre- 
tation of  the  treaties  which  unite  them. 


3.  The  First  Consul  consents  that  the  obligations  im- 
posed upon  Spain  by  the  treaties  which  unite  the  two  States 
shall  be  converted  into  a pecuniary  subsidy  of  six  millions  per 
month,  which  shall  be  furnished  by  Spain  to  its  ally,  dating 
from  the  renewal  of  hostilities  until  the  end  of  the  present 
war. 

6.  In  consideration  of  the  above  stipulated  clauses  and 
during  all  the  time  in  which  they  shall  be  carried  out,  France 
will  recognize  the  neutrality  of  Spain,  and  it  promises  not  to 
make  opposition  to  any  of  the  measures  which  may  be  taken 
with  respect  to  the  belligerent  nations  in  virtue  of  the  general 
principles  and  laws  of  neutrality. 

7.  His  Most  Catholic  Majesty,  having  at  heart  to  prevent 

all  the  difficulties  which  may  arise  with  respect  to  the  neu- 
trality of  his  territory,  in  the  event  of  a war  between  the 
French  Republic  and  Portugal,  binds  himself  to  cause  to  be 
furnished  by  this  latter  Power,  and  in  virtue  of  a convention 
which  shall  be  kept  secret,  the  sum  of  one  million  per 
month  . . . ; and  in  consideration  of  this  subsidy,  the 


CONSTITUTION  OF  THE  YEAR  XII 


343 


neutrality  of  Portugal  shall  be  consented  to  on  the  part  of 
France. 


71.  Senatus- Consultum. 

(28  Floreal,  Year  XIII . Duvergier,  Lois,  XV, 


Through  this  measure  the  life  consulate  was  transformed  into 
the  Empire.  The  document  is  in  fact  a new  imperial  constitution 
and  is  often  called  the  Constitution  of  the  Year  XII.  It  should 
be  compared  with  the  constitutions  of  the  years  VIII  and  X (Nos. 
58  and  66  E).  Most  of  the  institutions  created  by  the  two  preced- 
ing' constitutions  were  retained,  but  with  important  alterations 
which  should  be  noticed.  A number  of  new  institutions  also  call 
for  notice.  The  question  of  establishing  the  imperial  dignity,  but 
not  the  whole  document,  was  submitted  to  popular  vote. 

References.  Fournier,  Napoleon,  275-282 : Rose,  Napoleon, 
I,  429-432 ; Sloane,  Napoleon,  II,  204-207  ; Lanfrey,  Napoleon,  II, 
398-402,  406-415  ; Lavisse  and  Rambaud;  Histoire  Generate,  IX, 
35-37,  224-229  ; Aulard,  Revolution  Francaise,  771-778. 


TITLE  I. 

1.  The  Government  of  the  French  Republic  is  entrusted  to 
an  emperor,  who  takes  the  title  of  Emperor  of  the  French. 

Justice  is  administered  in  the  name  of  the  Emperor  by  the 
officers  whom  he  appoints. 

2.  Napoleon  Bonaparte,  present  First  Consul  of  the  Re- 
public, is  Emperor  of  the  French. 

TITLE  II.  OF  THE  INHERITANCE. 

3.  The  imperial  dignity  is  hereditary  in  the  direct  natural 
and  legitimate  lineage  of  Napoleon  Bonaparte,  from  male 
to  male,  by  order  of  primogeniture,  and  to  the  perpetual  ex- 
clusion of  women  and  their  descendants. 

4 ■ Napoleon  Bonaparte  can  adopt,  the  children  or  grand- 
children of  his  brothers,  provided  they  have  fully  reached  the 
age  of  'eighteen  years,  and  he  himself  has  no  male  children  at 
the  moment  of  adoption. 

His  adopted  sons  enter  into  the  line  of  his  direct  descen- 
dants. 

If,  subsequently  to  the  adoption,  male  children  come  to  him, 


344 


CONSTITUTION  OF  THE  YEAR  XII 


his  adopted  sons  can  be  appointed  only  after  the  natural  and 
legitimate  descendants. 

Adoption  is  forbidden  to  the  successors  of  Napoleon  Bona- 
parte and  their  descendants. 

5.  In  default  of  a natural  and  legitimate  heir  or  an  adopted 
heir  of  Napoleon  Bonaparte,  the  imperial  dignity  is  devolved 
and  bestowed  upon  Joseph  Bonaparte  and  his  natural  and 
legitimate  descendants,  by  order  of  primogeniture,  from  male 
to  male,  to  the  perpetual  exclusion  of  women  and  their  de- 
scendants. 

6.  In  default  of  Joseph  Bonaparte  and  his  male  descend- 
ants, the  imperial  dignity  is  devolved  and  bestowed  upon  Louis 
Bonaparte  and  his  natural  and  legitimate  descendants,  by  order 
of  primogeniture,  from  male  to  male,  to  the  perpetual  exclusion 
of  women  and  their  descendants. 

7.  In  default  of  a natural  and  legitimate  heir  and  of  an 
adopted  heir  of  Napoleon  Bonaparte ; 

In  default  of  natural  and  legitimate  heirs  of  Joseph  Bona- 
parte and  his  male  descendants  ; 

Of  Louis  Bonaparte  and  his  male  descendants; 

An  organic  senatus-consultum,  proposed  to  the  Senate  by 
the  titular  high  dignitaries  of  the  Empire  and  submitted  for 
the  acceptance  of  the  people,  appoints  the  Emperor  and  controls 
in  his  family  the  order  of  inheritance,  from  male  to  male,  to 
the  perpetual  exclusion  of  women  and  their  descendants. 

8.  Until  the  moment  in  which  the  election  of  the  new 
emperor  is  completed,  the  affairs  of  the  State  are  directed 
by  the  ministers,  who  form  themselves  into  a Council  of 
Government  and  who  make  their  decisions  by  a majority  of 
votes.  The  Secretary  of  State  keeps  the  register  of  the  delib- 
erations. 

TITLE  III.  OF  THE  IMPERIAL  FAMILY. 

9.  The  members  of  the  imperial  family  within  the  order 
of  inheritance  bear  the  title  of  French  Princes. 

The  eldest  son  of  the  Emperor  bears  that  of  Prince 
Imperial. 

10.  A senatus-consultum  regulates  the  manner  of  the  edu- 
cation of  the  French  Princes. 

11.  They  are  members  of  the  Senate  and  of  the  Council 
of  State  when  they  have  reached  their  eighteenth  year. 


CONSTITUTION  OF  THE  YEAR  XII 


345 


12.  They  cannot  marry  without  the  authorisation  of  the 
Emperor. 

The  marriage  of  a French  Prince  made  without  the  author- 
isation of  the  Emperor  entails  deprivation  of  all  right  of  in- 
heritance, both  for  him  who  contracts  it  and  for  his  descend- 
ants. 

Nevertheless,  if  there  is  no  child  from  this  marriage,  and  it 
becomes  dissolved,  the  prince  who  had  contracted  it  recovers 
his  rights  of  inheritance. 

13:  The  documents  which  attest  the  birth,  marriages, 

and  decease  of  the  members  of  the  imperial  family,  are  trans- 
mitted upon  an  order  of  the  Emperor  to  the  Senate,  which 
orders  their  transcription  upon  its  registers  and  their  de- 
posit in  its  archives. 

14.  Napoleon  Bonaparte  establishes  by  statutes,  to  which 
his  successors  are  required  to  conform : 

1st.  The  duties  of  the  persons  of  both  sexes,  members  of 
the  imperial  family,  towards  the  Emperor ; 

2d.  An  organization  of  the  imperial  palace  in  conformity 
with  the  dignity  of  the  throne  and  the  grandeur  of  the  nation. 

15.  The  civil  list  remains  as  it  has  been  regulated  by 
articles  1 and  4 of  the  decree  of  May  26 — June  1,  1791. 

The  French  Princes,  Joseph  and  Louis  Bonaparte,  and, 
for  the  future,  the  younger  natural  and  legitimate  sons  of  the 
Emperor,  shall  be  treated  in  conformity  with  articles  1,  10,  11, 
12  and  13  of  the  decree  of  December  21,  1790 — April  6,  1791. 

The  Emperor  can  fix  the  jointure  of  the  Empress  and  as- 
sign it  out  of  the  civil  list;  his  successors  can  change  none  of 
the  dispositions  which  he  shall  have  made  in  this  respect. 

16.  The  Emperor  visits  the  departments : in  consequence, 
imperial  palaces  are  established  at  the  four  principal  points  of 
the  Empire. 

These  palaces  are  designated  and  their  appointments  de 
termined  by  a law. 

TITLE  IV.  OF  THE  REGENCY. 

17.  The  Emperor  is  a minor  until  he  has  fully  completed 
eighteen  years ; during  his  minority  there  is  a regent  of  the 
Empire. 

18.  The  regent  must  be  at  least  fully  twenty-five  years  of 
age. 

Women  are  excluded  from  the  regency. 


346 


CONSTITUTION  OF  THE  YEAR  XII 


19.  The  Emperor  designates  the  regent  from  among  the 
French  Princes  who  are  of  the  age  required  by  the  preceding 
article,  end  in  default  of  them,  from  among  the  titular  grand 
dignitaries  of  the  Empire. 

20.  In  default  of  designation  on  the  part  of  the  Emperor, 
the  regency  is  bestowed  upon  the  prince  the  nearest  in  degree 
in  the  order  of  inheritance,  who  has  fully  completed  twenty- 
five  years. 

21.  If,  the  Emperor  not  having  designated  the  regent, 
none  of  the  French  Princes  have  fully  completed  twenty-five 
years,  the  Senate  elects  the  regent  from  the  titular  grand  dig- 
nitaries of  the  Empire. 

22.  If,  by  reason  of  the  minority  in  age  of  the  prince  sum- 
moned to  the  regency  in  the  order  of  heredity,  it  has  been  be- 
stowed upon  a more  remote  kinsman,  or  upon  one  of  the  tit- 
ular grand  dignitaries  of  the  Empire,  the  regent  who  has  enter- 
ed upon  his  functions  continues  until  the  majority  of  the  Em- 
peror. 

23.  No  organic  senatus-consultum  can  be  issued  during  the 
regency,  nor  before  the  end  of  the  third  year  which  follows 
the  majority. 

24.  The  regent  exercises,  until  the  majority  of  the 
Emperor,  all  the  attributes  of  the  imperial  dignity. 

Nevertheless,  he  cannot  make  appointments  to  the  high  dig- 
nities of  the  Empire,  nor  to  the  places  of  the  grand  officers, 
which  may  be  vacant  at  the  time  of  the  regency,  or  which 
may  become  vacant  during  the  minority,  nor  use  the  preroga- 
tive reserved  to  the  Emperor  to  raise  citizens  to  the  rank  of 
senator. 

He  cannot  dismiss  the  grand  judge  nor  the  Secretary  of 
State. 

25.  He  is  not  personally  responsible  for  the  acts  of  his 
administration. 

26.  All  the  acts  of  the  regency  are  in  the  name  of  the 
minor  Emperor. 

27.  The  regent  does  not  propose  any  project  of  law  or  of 
senatus-consultum,  nor  adopt  any  rule  of  public  administration 
until  after  he  has  taken  the  opinion  of  the  Council  of  Regency, 
composed  of  the  titular  high  dignitaries  of  the  Empire. 

He  cannot  declare  war,  nor  sign  treaties  of  peace,  alliance, 


CONSTITUTION  OP  THE  TEAR  XII 


347 


or  commerce  until  after  deliberation  over  it  in  the  Council 
of  Regency,  whose  members,  for  this  case  alone,  have  deliber- 
ative voice.  The  decision  is  by  a majority  of  the  votes;  and  if 
there  is  an  equal  division,  it  passes,  according  to  the  opinion 
of  the  regent. 

The  minister  of  foreign  affairs  takes  a seat  in  the  Council 
of  Regency,  when  this  council  deliberates  over  matters  relative 
to  his  department. 

The  grand  judge  minister  of  justice  can  be  summoned  there 
by  order  of  the  regent. 

The  Secretary  of  State  keeps  the  register  of  its  deliberations. 

28.  The  regency  does  not  confer  any  right  over  the  person 
of  the  minor  Emperor. 

29.  The  stipend  of  the  regent  is  fixed  at  one-fourth  of  the 
sum  of  the  civil  list. 

30.  The  guardianship  of  the  minor  Emperor  is  confided 
to  his  mother,  and  in  her  default,  to  the  prince  designated  for 
that  purpose  by  the  predecessor  of  the  minor  Emperor. 

In  default  of  the  mother  of  the  minor  Emperor  and  of  a 
prince  designated  by  the  Emperor,  the  Senate  confides  the 
guardianship  of  the  minor  Emperor  to  one  of  the  titular  grand 
dignitaries  of  the  Empire. 

Neither  the  regent  and  his  descendants  nor  women  can 
be  chosen  for  the  guardianship  of  the  minor  Emperor. 

31.  In  case  Napoleon  Bonaparte  shall  make  use  of  the 
power  conferred  upon  him  by  article  4,  title  11,  the  document 
of  adoption  shall  be  drawn  up  in  the  presence  of  the  titular 
grand  dignitaries  of  the  Empire,  received  by  the  Secretary  of 
State  and  transmitted  immediately  to  the  Senate  in  order  to 
be  transcribed  upon  its  registers  and  deposited  in  its  archives. 

When  the  Emperor  designates  either  a regent  for  the 
minority  or  a prince  for  the  guardianship  of  a minor  Emperor, 
the  same  formalities  are  observed. 

The  documents  of  designation,  either  of  a regent  for  the 
minority  or  a prince  for  the  guardianship  of  a minor  Em- 
peror, are  revocable  at  will  by  the  Emperor. 

Every  document  of  adoption,  of  designation  or  of  rev- 
ocation of  designation  which  shall  not  have  been  transcribed 
upon  the  registers  of  the  Senate  before  the  decease  of  the 
Emperor  shall  be  null  and  void. 


348 


CONSTITUTION  OF  THE  TEAR  XII 


TITLE  V.  OF  THE  GRAND  DIGNITARIES  OF  THE  EMPIRE. 

32.  1 he  grand  dignitaries  of  the  Empire  are  these : 

Grand  elector, 

Archchancellor  of  the  Empire, 

Archchancellor  of  State, 

Archtreasurer, 

Constable, 

Grand  admiral. 

33.  The  titular  grand  dignitaries  of  the  Empire  are 
appointed  by  the  Emperor. 

They  enjoy  the  same  honors  as  the  French  Princes  and  take 
iank  immediately  after  them. 

The  date  of  their  reception  determines  the  rank  which  they 
respectively  occupy. 

34.  The  high  dignitaries  of  the  Empire  are  irremovable. 

35.  The  titular  grand  dignitaries  of  the  Empire  are  Sen- 
ators [and]  Councillors  of  State. 

36.  They  form  the  grand  council  of  the  Emperor; 

They  are  members  of  the  privy  council ; 

They  compose  the  grand  council  of  the  Legion  of  Honor. 

The  present  members  of  the  grand  council  of  the  Legion  of 
Honor  preserve  their  titles,  functions  and  prerogatives  for 
the  duration  of  their  lives. 

. 37.  The  Senate  and  the  Council  of  State  are  presided  over 
by  the  Emperor. 

When  the  Emperor  does  not  preside  over  the  Senate  or  the 
Council  of  State,  he  designates  the  one  of  the  titular  high 
dignitaries  of  the  Empire  who  must  preside. 

38.  All  the  decrees  of  the  Senate  and  of  the  Corps-Legis- 
latif  are  rendered  in  the  name  of  the  Emperor  and  are  promul- 
gated or  published  under  the  imperial  seal. 

39.  The  grand  elector  performs  the  functions  of  chancellor : 
1st,  For  the  convocation  of  the  Corps-Legislatif,  the  elec- 
toral colleges  and  the  cantonal  assemblies ; 2d,  for  the  promul- 
gation of  the  senatus-consulta  providing  for  the  dissolution 
either  of  the  Corps-Legislatif  or  of  the  electoral  colleges. 

The  grand  elector  presides  in  the  absence  of  the  Emperor 
when  the  Senate  proceeds  to  the  appointment  of  senators, 
legislators,  and  tribunes. 

He  can  reside  in  the  palace  of  the  Senate. 


CONSTITUTION  OF  THE  YEAR  XII 


349 


He  brings  to  the  knowledge  of  the  Emperor  the  claims 
formulated  by  the  electoral  colleges  or  the  cantonal  assemblies, 
for  the  preservation  of  their  prerogatives. 

When  a member  of  an  electoral  college  is  denounced,  in 
conformity  with  article  21  of  the  organic  senatus-consultum  of 
16  Thermidor,  Year  X,  as  being  involved  in  some  act  preju- 
dicial to  honor  or  the  fatherland,  the  grand  elector  invites  the 
college  to  express  its  opinion.  He  brings  the  opinion  of  the 
college  to  the  knowledge  of  the  Emperor. 

The  grand  elector  presents  to  the  members  of  the  Senate, 
the  Council  of  State,  the  Corps-Legislatif,  and  the  Tribunate, 
the  oath  which  they  take  at  the  hands  of  the  Emperor. 

He  receives  the  oath  of  the  presidents  of  the  department 
electoral  colleges  and  of  the  cantonal  assemblies. 

He  presents  the  solemn  deputations  of  the  Senate,  Coun- 
cil of  State,  Corps-Legislatif,  Tribunate,  and  the  electoral  col- 
leges when  they  are  admitted  to  the  audience  of  the  Emperor. 

40.  The  archchancellor  of  the  Empire  performs  the  func- 
tions of  chancellor  for  the  promulgation  of  the  organic  senatus- 
consulta  and  the  laws. 

He  performs,  likewise,  those  of  chancellor  of  the  imperial 
palace. 

He  is  present  at  the  annual  report  in  which  the  high  judge 
minister  of  justice  gives  an  account  to  the  Emperor  of  the 
abuses  which  may  have  been  introduced  into  the  administra- 
tion of  either  civil  or  criminal  justice. 

He  presides  over  the  high  imperial  court. 

He  presides  over  the  united  sections  of  the  Council  of 
State,  and  of  the  Tribunate,  in  conformity  with  article  95, 
title  xi. 

He  is  present  at  the  celebration  of  the  marriages  and  at  the 
birth  of  the  princes,  at  the  coronation  and  at  the  obsequies  of 
the  Emperor.  He  signs  the  record  which  the  Secretary  of 
State  draws  up. 

He  presents  to  the  titular  grand  dignitaries  of  the  Empire, 
the  ministers  and  the  Secretary  of  State,  the  grand  civil  offi- 
cers of  the  crown,  and  the  first  president  of  the  Court  of  Cas- 
sation, the  oath  which  they  take  at  the  hands  of  the  Emperor. 

He  receives  the  oath  of  the  members  and  of  the  bar  of 


350 


CONSTITUTION  OP  THE  YEAR  XU 


the  Court  of  Cassation,  and  of  the  presidents  and  procureurs- 
general  of  the  courts  of  appeal  and  the  criminal  courts. 

He  presents  the  solemn  deputations  and  the  members  of  the 
courts  of  justice  admitted  to  the  audience  of  the  Emperor. 

He  signs  and  seals  the  commissions  and  warrants  of  the 
members  of  the  courts  of  justice  and  of  the  ministerial  offi- 
cers ; he  seals  the  commissions  and  warrants  of  civil  functions, 
administrative  and  other  certificates  which  shall  be  designated 
in  the  regulation  providing  for  the  organization  of  the  seal. 

41.  The  archchancellor  of  state  performs  the  functions  ot 
chancellor  for  the  promulgation  of  treaties  of  peace  and  alli- 
ance and  for  declarations  of  war. 

He  presents  to  the  Emperor  and  signs  the  letters  of  credence 
and  the  ceremonial  correspondence  with  the  different  courts 
of  Europe,  drawn  up  according  to  the  forms  of  the  imperial 
formulary  of  which  he  is  the  keeper. 

He  is  present  at  the  annual  report  in  which  the  minister 
of  foreign  affairs  gives  an  account  to  the  Emperor  of  the 
political  situation  of  the  State. 

He  presents  to  the  ambassadors  and  ministers  of  the  Em- 
peror at  foreign  courts  the  oath  which  they  take  at  the  hands 
of  His  Imperial  Majesty. 

He  receives  the  oath  of  the  resident  charges  d’affaires, 
secretaries  of  embassy  and  legation,  commissioners-general  and 
commissioners  of  commercial  relations. 

He  presents  the  extraordinary  ambassadors  and  ambas- 
sadors, and  French  and  foreign  ministers. 

42.  The  archtreasurer  is  present  at  the  annual  report  in 
which  the  ministers  of  finance  and  of  the  public  treasury  render 
to  the  Emperor  the  accounts  of  the  receipts  and  expenditures 
of  the  State  and  express  their  views  upon  the  needs  of  the 
finances  of  the  Empire. 

The  accounts  of  the  annual  receipts  and  expenditures  are 
endorsed  with  his  signature  before  being  presented  to  the 
Emperor. 

He  receives,  every  three  months,  the  statement  of  the  re- 
port of  the  national  accounting,  and  every  year  the  general 
result  and  the  views  for  reform  and  improvement  in  the  dif- 
ferent parts  of  the  accounting ; he  brings  them  to  the  knowl- 
edge of  the  Emperor. 


CONSTITUTION  OF  THE  YEAR  XII 


351 


He  audits  every  year  the  ledger  of  the  public  debt. 

He  signs  the  warrants  for  the  civil  pensions. 

He  presides  over  the  united  sections  of  the  Council  of 
State  and  of  the  Tribunate,  in  conformity  with  article  95, 
title  xi. 

He  receives  the  oath  of  the  members  of  the  national  ac- 
counting, of  the  finance  administrations,  and  of  the  principal 
agents  of  the  Public  Treasury. 

He  presents  the  deputations  of  the  national  accountants  and 
of  the  finance  administrations  admitted  to  the  audience  of  the 
Emperor. 

43.  The  constable  is  present  at  the  annual  report  in  which 
the  minister  of  war  and  the  director  of  the  war  administration 
render  account  to  the  Emperor  of  the  provisions  taken  to  com- 
plete the  system  of  defence  of  the  frontiers,  the  maintenance, 
repair,  and  supplying  of  the  posts. 

He  lays  the  first  stone  of  the  fortresses  whose  construction 
is  ordered. 

He  is  governor  of  the  military  schools. 

When  the  Emperor  does  not  in  person  transmit  the  flags  to 
the  corps  of  the  army,  they  are  sent  to  them  in  his  name  by 
the  constable. 

In  the  absence  of  the  Emperor,  the  constable  presides  over 
the  grand  review  of  the  imperial  guard. 

When  a general  d’armee  is  accused  of  an  offence  specified 
in  the  military  penal  code,  the  constable  can  preside  over  the 
council  of  war,  which  must  give  judgment. 

He  presents  to  the  marshals  of  the  Empire,  the  colonels- 
general,  the  inspectors-general,  the  general  officers  and  the 
colonels  of  all  arms,  the  oaths  which  they  take  at  the  hands 
of  the  Emperor. 

He  receives  the  oaths  of  the  majors,  and  leaders  of  bat- 
talions and  squadrons  of  all  arms. 

He  installs  the  marshalls  of  the  Empire. 

He  presents  the  general  officers  and  the  colonels,  majors, 
and  leaders  of  battalions  and  squadrons,  when  they  are  ad- 
mitted to  the  audience  of  the  Emperor. 

He  signs  the  warrants  of  the  army  and  those  of  the  mili- 
tary pensioners  of  the  State. 

44.  The  grand  admiral  is  present  at  the  annual  report  in 


352 


CONSTITUTION  OP  THE  YEAR  XII 


which  the  minister  of  the  navy  renders  account  to  the  Emperor 
of  the  condition  of  the  naval  forces,  arsenals,  and  supplies. 

He  receives  annually  and  presents  to  the  Emperor  the  ac- 
counts of  the  marine  invalids’  fund. 

When  an  admiral,  .vice-admiral,  or  rear-admiral  com- 
manding in  chief  a naval  force  is  accused  of  an  offence  speci- 
fied in  the  marine  penal  code,  the  grand  admiral  can  preside 
over  the  court  martial  which  shall  give  judgment. 

He  presents  to  the  admirals,  vice-admirals,  rear-admirals, 
and  captains  of  vessels  the  oath  which  they  take  at  the  hands 
of  the  Emperor. 

He  receives  the  oaths  of  the  members  of  the  council  of 
prizes  and  the  captains  of  frigates. 

He  presents  the  admirals,  vice-admirals,  rear-admirals,  cap- 
tains of  vessels  and  frigates,  and  the  members  of  the  council 
of  prizes,  when  they  are  admitted  to  the  audience  of  the  Em- 
peror. 

He  signs  the  warrants  of  the  officers  of  the  naval  forces 
and  those  of  the  marine  pensioners  of  the  State. 

45.  Each  of  the  titular  grand  dignitaries  of  the  Empire 
presides  over  a department  electoral  college. 

The  electoral  college  sitting  at  Brussels  is  presided  over 
by  the  grand  elector. 

The  electoral  college  sitting  at  Bordeaux  is  presided  over 
by  the  archchancellor  of  the  Empire. 

The  electoral  college  sitting  at  Nantes  is  presided  over  by 
the  archchancellor  of  State. 

The  electoral  college  sitting  at  Lyon  is  presided  over  by 
the  archtreasurer  of  the  Empire. 

The  electoral  college  sitting  at  Turin  is  presided  over  by  the 
•constable. 

The  electoral  college  sitting  at  Marseilles  is  presided  over 
by  the  grand  admiral. 

46.  Each  of  the  titular  grand  dignitaries  of  the  Empire 
receives  annually  by  way  of  fixed  stipend  two-thirds  of  the 
sum  appropriated  for  the  princes,  in  conformity  with  the  de- 
cree of  December  21,  1790. 

47.  A statute  of  the  Emperor  regulates  the  functions  of 
the  titular  grand  dignitaries  of  the  Empire  near  the  Em- 
peror and  determines  their  costumes  in  the  grand  ceremonies. 


CONSTITUTION  OF  THE  YEAR  XII 


353 


The  successors  of  the  Emperor  can  deviate  from  this  statute 
only  by  a senatus-consultum. 

TITLE  VI.  OF  THE  GRAND  OFFICERS  OF  THE  EMPIRE. 

48.  The  grand  officers  of  the  Empire  are : 

First,  the  marshals  of  the  Empire,  chosen  from  among  the 
most  distinguished  generals. 

Their  number  cannot  exceed  that  of  sixteen. 

The  marshals  of  the  Empire  who  are  senators  are  not  part 
of  this  number. 

Secondly,  eight  general  inspectors  and  colonels-general  of 
artillery  and  engineers,  of  cavalry  troops  and  of  the  navy. 

Thirdly,  the  grand  civil  officers  of  the  crown,  such  as  are 
instituted  by  the  statutes  of  the  Emperor. 

49.  The  positions  of  the  grand  officers  are  irremovable. 

50.  Each  of  the  grand  officers  of  the  Empire  presides  over 
an  electoral  college  which  is  especially  set  aside  for  him  at  the 
moment  of  his  appointment. 

51.  If,  by  an  order  of  the  Emperor  or  by  any  other  cause 
whatsoever,  a titular  grand  dignitary  of  the  Empire  or  a grand 
officer  happens  to  discontinue  his  functions,  he  preserves  his 
title,  his  rank,  his  privileges,  and  half  of  his  stipend : he  loses 
these  only  by  a judgment  of  the  high  imperial  court. 

TITLE  VII.  OF  THE  OATHS. 

52.  Within  the  two  years  which  follow  his  accession  or 
his  majority,  the  Emperor,  accompanied  by 

The  titular  grand  dignitaries  of  the  Empire, 

The  ministers, 

The  grand  officers  of  the  Empire, 

Takes  oath  to  the  French  people  upon  the  Gospel,  in  the 
presence  of: 

The  Senate, 

The  Council  of  State, 

The  Corps-Legislatif, 

The  Tribunate, 

The  Court  of  Cassation, 

The  archbishops, 

The  bishops, 

The  grand  officers  of  the  Legion  of  Honor, 

The  national  accountants, 

The  presidents  of  the  courts  of  appeal, 


12 


354 


CONSTITUTION  OF  THE  YEAH  XII 


The  presidents  of  the  electoral  colleges, 

The  presidents  'of  the  cantonal  assemblies, 

The  presidents  of  the  consistories, 

And  the  mayors  of  the  thirty-six  principal  cities  of  the 
Empire. 

The  Secretary  of  State  prepares  the  record  of  the  taking 
of  the  oath. 

53.  The  oath  of  the  Emperor  is  thus  expressed : 

“I  swear  to  maintain  the  integrity  of  the  territory  of  the 
Republic,  to  respect  and  cause  to  be  respected  the  laws  of  the 
concordat  and  the  liberty  of  worship,  to  respect  and  cause  to 
be  respected  equality  of  rights,  political  and  civil  liberty,  the 
irrevocability  of  the  sales  of  the  national  lands;  not  to  raise 
any  impost,  nor  to  establish  any  tax  except  in  virtue  of  the 
law ; to  maintain  the  institution  of  the  Legion  of  Honor ; to 
govern  in  the  sole  view  of  the  interest,  the  welfare  and  the 
glory  of  the  French  people-’’ 

54.  Before  beginning  the  exercise  of  his  functions,  the 
regent,  accompanied  by : 

The  titular  grand  dignitaries  of  the  Empire, 

The  ministers, 

The  grand  officers  of  the  Empire, 

Takes  oath  upon  the  Gospel,  and  in  the  presence  of 
The  Senate, 

The  Council  of  State, 

The  president  and  questors  of  the  Corps-Legislatif, 

The  president  and  the  questors  of  the  Tribunate, 

And  the  grand  officers  of  the  Legion  of  Honor. 

The  Secretary  of  State  prepares  the  record  of  the  taking 
of  the  oath. 

55.  The  oath  of  the  regent  is  expressed  in  these  terms : 

“I  swear  to  administer  the  affairs  of  the  State,  in  conform- 
ity with  the  constitutions  of  the  Empire,  the  senatus-consulta 
and  the  laws ; to  maintain  in  all  their  integrity  the  territory  of 
the  Republic,  the  rights  of  the  nation  and  those  of  the  imperial 
dignity,  and  to  deliver  up  to  the  Emperor,  at  the  moment  of 
his  majority,  the  authority,  the  exercise  of  which  is  confided 
to  me.’’ 

56.  The  titular  grand  dignitaries  of  the  Empire,  the  min- 
isters and  the  Secretary  of  State,  the  grand  officers  and  the 


CONSTITUTION  OP  THE  YEAR  XII 


355 


members  of  the  Senate,  the  Council  of  State,  the  Corps-Legis- 
latif,  the  Tribunate,  the  electoral  colleges  and  the  cantonal  as- 
semblies, take  oath  in  these  terms : 

“I  swear  obedience  to  the  constitutions  of  the  Empire  and 
fidelity  to  the  Emperor.” 

The  public,  civil,  and  judicial  functionaries  and  the  officers 
and  soldiers  of  the  army  and  navy  take  the  same  oath. 

TITLE  VIII.  OF  THE  SENATE. 

57.  The  Senate  is  composed : 

1st,  Of  the  French  Princes  who  have  reached  their  eight- 
eenth year ; 

2d,  Of  the  titular  grand  dignitaries  of  the  Empire ; 

3d,  Of  eighty  members  appointed  upon  the  presentation  of 
the  candidates  chosen  by  the  Emperor  from  the  lists  formed 
by  the  department  electoral  colleges ; 

4th,  Of  citizens  whom  the  Emperor  deems  suitable  to  be 
raised  to  the  dignity  of  senator. 

In  case  the  number  of  the  senators  shall  exceed  that  which 
has  been  fixed  by  article  63  of  the  organic  senatus-consultum 
of  16  Thermidor,  Year  X,  provision  shall  be  made  for  this 
by  a law  for  the  execution  of  article  17  of  the  senatus-con- 
sultum of  14  Nivose,  Year  XI. 

58.  The  president  of  the  Senate  is  appointed  by  the  Em- 
peror and  chosen  from  among  the  senators. 

His  functions  continue  one  year. 

59.  He  convokes  the  Senate  upon  an  order  issued  of  his 
own  accord  by  the  Emperor  and  upon  the  request  either  of  the 
commissioners,  which  will  be  spoken  of  hereafter  in  articles 
6c  and  64,  or  of  a isenator,  in  conformity  with  the  provisions 
of  article  70,  or  of  an  officer  of  the  Senate  for  the  internal  af- 
fairs of  the  body. 

He  gives  an  account  to  the  Emperor  of  the  convocations 
made  upon  the  request  of  the  commissions  or  of  a senator, 
of  their  object,  and  of  the  results  of  the  deliberations  of  the 
Senate. 

60.  A commission  of  seven  members,  appointed  by  the 
Senate  and  chosen  within  its  own  body,  takes  cognizance, 
upon  the  communication  made  to  it  by  the  ministers,  of  the 
arrests  effected  in  conformity  with  article  46  of  the  constitu- 


356 


CONSTITUTION  OF  THE  YEAR  XII 


tion,  when  the  persons  arrested  have  not  been  brought  before 
the  tribunals  within  ten  days  after  their  arrest. 

This  commission  is  called  the  senatorial  commission  of  per- 
sonal liberty. 

61.  All  persons  arrested  and  not  put  on  trial  within  ten 
days  after  their  arrest,  can  apply  directly  by  themselves,  their 
relatives,  or  their  representatives,  and  by  way  of  petition,  to 
the  senatorial  commission  of  personal  liberty. 

62.  When  the  commission  considers  that  detention  pro- 
longed beyond  ten  days  after  arrest  is  not  warranted  by  the 
interest  of  the  State,  it  invites  the  minister  who  has  ordered 
the  arrest  to  cause  the  detained  person  to  be  put  at  liberty  or 
to  send  him  before  the  ordinary  tribunals. 

63.  If,  after  three  consecutive  invitations,  renewed  within 
the  space  of  one  month,  the  detained  person  is  not  put  at 
liberty  nor  sent  before  the  ordinary  tribunals,  the  commission 
requests  a meeting  of  the  Senate,  which  is  convoked  by  the 
president  and  which  renders,  if  there  is  need,  the  following 
declaration : 

“There  are  strong  presumptions  that  N is  arbitrarily 

detained.” 

Thereafter  proceedings  are  in  conformity  with  the  provis- 
ions of  article  112,  title  xni,  Of  the  high  imperial  court. 

64.  A commission  of  seven  members,  appointed  by  the 
Senate  and  chosen  from  within  its  own  body,  is  charged  to 
watch  over  the  liberty  of  the  press. 

Periodical  works  printed  and  distributed  by  subscription 
are  not  included  within  its  powers. 

This  commission  is  called  the  senatorial  commission  of  the 
liberty  of  the  press. 

65.  Authors,  printers,  or  publishers  who  believe  that  there 
is  ground  for  complaint  over  restrictions  placed  upon  the 
printing  or  circulation  of  a work  can  have  recourse  directly 
and  by  way  of  petition  to  the  senatorial  commission  of  the 
liberty  of  the  press. 

66.  When  the  commission  thinks  that  the  restrictions  are 
not  warranted  by  the  interest  of  the  State,  it  invites  the 
minister  who  has  given  the  order  to  revoke  it. 

67.  If,  after  three  consecutive  invitations  renewed  within 
the  space  of  one  month,  the  restrictions  remain,  the  commis- 


CONSTITUTION  OF  THE  YEAR  XII 


357 


sion  asks  for  a meeting  of  the  Senate,  which  is  convoked 
by  the  president  and  which  renders,  if  there  is  need,  the  fol- 
lowing declaration : 

“There  are  strong  presumptions  that  the  liberty  of  the 
press  has  been  violated.” 

After  that  proceedings  are  in  conformity  with  the  pro- 
vision of  article  112,  title  xiii.  Of  the  high  imperial  court. 

68.  One  member  of  each  of  these  senatorial  commissions 
discontinues  his  functions  every  four  months. 

69.  The  projects  of  law  decreed  by  the  Corps-Legislatif 
are  transmitted  to  the  Senate  on  the  day  of  their  adoption  and 
deposited  in  its  archives. 

70.  Every  decree  rendered  by  the  Corps-Legislatif  can  be 
denounced  to  the  Senate  by  a Senator : 

1st,  As  tending  to  the  re-establishment  of  the  feudal  re- 
gime ; 2d,  as  contrary  to  the  irrevocability  of  the  sales  of  the 
national  lands ; 3d,  as  not  having  been  deliberated  upon  in  the 
forms  prescribed  by  the  constitutions  of  the  Empire,  the  regu- 
lations and  the  laws ; 4th,  as  constituting  an  attack  upon  the 
prerogatives  of  the  imperial  dignity  and  those  of  the  Senate ; 
without  prejudice  to  the  execution  of  articles  21  and  37  of  the 
acte  of  the  constitutions  of  the  Empire  of  the  date  of  22 
Frimaire,  Year  VIII. 

71.  The  Senate,  within  the  six  days  which  follow  the 
adoption  of  the  project  of  law,  deliberating  upon  the  report 
of  a special  commission,  and  after  having  heard  three  read- 
ings of  the  decree  in  three  sittings  held  on  different  days, 
can  express  the  opinion  that  there  is  no  need  to  promulgate 
the  law. 

The  president  conveys  to  the  Emperor  the  resolution  of 
the  Senate  with  a statement  of  the  motives  for  it. 

72.  The  Emperor,  after  having  heard  the  Council  of  State, 
either  declares  by  a decree  his  adherence  to  the  resolution 
of  the  Senate,  or  causes  the  promulgation  of  the  law. 

73.  Any  law  whose  promulgation  under  that  circumstance 
has  not  taken  place  before  the  expiration  of  the  interval 
of  ten  days,  can  no  longer  be  promulgated,  unless  it  has  been 
newly  deliberated  upon  and  adopted  by  the  Corps-Legislatif. 

74.  The  entire  operations  of  an  electoral  college  and  the 
partial  operations  which  are  relative  to  the  presentation  of 


358 


CONSTITUTION  OF  THE  YEAH  XII 


the  candidates  to  the  Senate,  Corps-Legislatif,  and  Tribunate 
cannot  be  annulled  on  account  of  unconstitutionality,  except 
by  a senatus-consultum. 

TITLE  IX.  OF  THE  COUNCIL  OF  STATE. 

75.  When  the  Council  of  State  deliberates  upon  projects 
of  law  or  regulations  of  public  administration,  two-thirds 
of  the  members  of  the  council  in  ordinary  service  must  be 
present. 

The  number  of  the  Councillors  of  State  present  cannot  be 
less  than  twenty-five. 

76.  The  Council  of  State  is  divided  into  six  sections,  to 
wit : 

Section  of  legislation, 

Section  of  the  interior. 

Section  of  the  finances, 

Section  of  war, 

Section  of  the  navy, 

And  section  of  commerce. 

77.  When  a member  of  the  Council  of  State  has  been 
carried  for  five  years  noon  the  list  of  the  members  of  the  coun- 
cil in  ordinary  service  he  receives  a commission  of  Coun- 
cillor of  State  for  life. 

When  he  ceases  to  be  carried  upon  the  list  of  the  Council 
of  State  in  ordinary  or  extraordinary  service,  he  has  a right 
to  but  one-third  of  me  stipend  of  Councillor  of  State. 

He  loses  his  title  and  his  rights  only  by  a judgment  of  the 
high  imperial  court,  involving  afflictive  or  infamous  penalty. 

TITLE  X.  OF  THE  CORPS-LEGISLATIF. 

78.  The  retiring  members  of  the  Corps-Legislatif  can  be 
re-elected  without  interval. 

79.  The  projects  of  law  presented  to  the  Corps-Legislatif 
are  sent  back  to  the  three  sections  of  the  Tribunate. 

80.  The  sittings  of  the  Corps-Legislatif  are  divided  into 
ordinary  sittings  and  committees  of  the  whole. 

81.  The  ordinary  sittings  are  composed  of  the  members 
of  the  Corps-Legislatif,  the  orators  of  the  Council  of  State, 
and  the  orators  of  the  three  sections  of  the  Tribunate. 

The  committees  of  the  whole  are  composed  only  of  the 
members  of  the  Corps-Legislatif. 

The  president  of  the  Corps-Legislatif  presides  over  the 


CONSTITUTION  OF  THE  YEAR  XII 


359 


ordinary  sittings  and  over  the  committees  of  the  whole. 

82.  In  ordinary  sitting,  the  Corps-Legislatif  hears  the  or 
ators  of  the  Council  of  State  and  those  of  the  three  sections 
of  the  Tribunate,  and  votes  upon  the  project  of  law. 

In  committee  of  the  whole,  the  members  of  the  Corps-Leg- 
islatif discuss  among  themselves  the  advantages  and  disad- 
vantages of  the  project  of  law. 

83.  The  Corps-Legislatif  forms  itself  into  committee  of 
the  whole : 

1st.  Upon  the  invitation  of  the  president,  for  the  internal 
affairs  of  the  body ; 

2d.  Upon  a request  made  to  the  president  and  signed  by 
fifty  members  present ; 

In  these  two  cases  the  committee  of  the  whole  is  secret, 
and  the  discussions  shall  not  be  printed  nor  divulged. 

3d.  Upon  the  request  of  the  orators  of  the  Council  of 
State,  especially  authorised  for  that  purpose. 

In  this  case  the  committee  of  the  whole  is  necessarily  pub- 
lic. 

No  decision  can  be  reached  in  the  committees  of  the  whole. 

84.  When  the  discussion  in  committee  of  the  whole  is 
closed,  the  decision  is  adjourned  to  the  next  day  in  ordinary 
sitting. 

85.  The  Corps-Legislatif,  on  the  day  when  it  must  vote 
upon  the  project  of  law,  hears,  in  the  same  sitting,  the  resume 
which  the  orators  of  the  Council  of  State  offer. 

86-  The  decision  over  a project  of  law  cannot  in  any 
case  be  deferred  more  than  three  days  beyond  that  which 
has  been  fixed  for  the  dosing  of  the  discussion. 

87.  The  sections  of  the  Tribunate  constitute  the  only 
commissions  of  the  Corps-Legislatif,  which  can  form  others 
only  in  the  case  provided  for  in  article  113,  title  xiii.  Of 
the  high  imperial  court. 

TITLE  XI.  OF  THE  TRIBUNATE. 

88.  The  functions  of  the  members  of  the  Tribunate  con- 
tinue ten  years. 

89.  The  Tribunate  is  renewed  by  half  every  five  years. 

The  first  renewal  shall  take  place  for  the  session  of  the 

Year  XVII,  in  conformity  with  the  organic  senatus-consultum 
cf  16  Thermidor,  Year  X. 


360 


CONSTITUTION  OF  THE  YEAR  XII 


90.  The  president  of  the  Tribunate  is  appointed  by  the 
Emperor  out  of  a presentation  of  three  candidates'  made  by 
the  Tribunate  by  secret  ballot  and  a majority. 

91.  The  functions  of  the  president  of  the  Tribunate  con- 
tinue two  years. 

92.  The  Tribunate  has  two  questors. 

They  are  appointed  by  the  Emperor  out  of  a triple  list  of 
candidates  chosen  by  the  Tribunate  by  secret  ballot  and  a 
majority. 

Their  functions  are  the  same  as  those  assigned  to  the 
questors  of  the  Corps-Legislatif  by  articles  19,  20,  21,  22,  23, 
24  and  25  of  the  organic  senatus-consultum  of  24  Fri- 
maire,  Year  XII. 

One  of  the  questors  is  renewed  each  year. 

93.  The  Tribunate  is  divided  into  three  sections,  to  wit: 

Section  of  legislation, 

Section  of  the  interior, 

Section  of  the  finances. 

94.  Each  section  forms  a list  of  three  of  its  members 
from  whom  the  president  of  the  Tribunate  designates  the 
president  of  the  section. 

The  functions  of  the  president  of  a section  continue  one 
year. 

95.  When  the  respective  sections  of  the  Council  of  State 
and  the  Tribunate  ask  to  unite,  the  conferences  take  place 
under  the  presidency  of  the  archchancellor  of  the  Empire  or 
of  the  archtreasurer,  according  to  the  nature  of  the  matters 
to  be  examined. 

96.  Each  section  discusses,  separately  and  in  sectional 
meeting,  the  projects  of  law  which  are  transmitted  to  it  by 
the  Corps-Legislatif. 

Two  orators  of  each  of  the  three  sections  carry  to  the 
Corps-Legislatif  the  opinion  of  their  section,  and  explain  the 
grounds  for  it. 

97.  In  no  case  can  the  projects  of  law  be  discussed  by 
the  Tribunate  in  general  assembly. 

It  unites  in  general  assembly,  under  the  presidency  of  its 
president,  for  the  exercise  of  its  other  attributes. 

TITLE  XII.  OF  THE  ELECTORAL  COLLEGES. 

98.  Whenever  a department  electoral  college  meets  for  the 


CONSTITUTION  OP  THE  YEAR  XII 


361 


formation  of  the  list  of  candidates  for  the  Corps-Legislatif, 
the  lists  of  candidates  for  the  Senate  are  renewed. 

Each  renewal  renders  the  former  presentations  of  no  effect. 

99.  The  grand  officers,  the  commandants,  and  the  officers 
of  the  Legion  of  Honor  are  members  of  the  electoral  college 
of  the  department  in  which  they  have  their  domicile,  or  of 
one  of  the  departments  for  the  cohort  to  which  they  belong. 

The  legionaries  are  members  of  the  electoral  college  of 
their  district. 

The  members  of  the  Legion  of  Honor  are  admitted  to  the 
electoral  college,  of  which  they  shall  form  part,  upon  the 
presentation  of  a certificate  which  is  delivered  to  them  for 
that  purpose  by  the  grand  elector. 

100.  The  prefects  and  the  military  commandants  of  the  de- 
partments cannot  be  elected  candidates  for  the  Senate  by  the 
electoral  colleges  of  the  departments  in  which  they  exercise 
their  functions. 

TITLE  XIII.  OF  THE  HIGH  IMPERIAL  COURT. 

101.  A high  imperial  court  takes  cognizance : 

1st.  Of  the  personal  offences  committed  by  the  members 
of  the  imperial  family,  by  the  titular  grand  dignitaries  of  the 
Empire,  by  the  ministers  and  the  secretary  of  state,  by  the 
grand  officers,  by  the  senators,  and  by  the  councillors  of  state ; 

2d.  Of  crimes,  attempts,  and  conspiracies  against  the  in- 
ternal and  external  security  of  the  state,  the  person  of  the 
Emperor  and  that  of  the  heir  presumptive  of  the  Empire ; 

3d.  Of  offences  of  responsibility  of  office  committed  by 
the  ministers  and  councillors  of  state  especially  charged  with 
a part  of  the  public  administration ; 

4th.  Of  betrayals  of  trust  and  abuse  of  power,  committed 
either  by  the  captains-general  of  the  colonies,  the  colonial 
prefects  and  commandants  of  French  establishments  outside 
of  the  continent,  or  by  the  administrators-general  employed 
extraordinarily,  or  by  the  generals  of  the  army  or  navy ; 
without  prejudice,  in  respect  to  these,  of  prosecutions  by 
the  military  jurisdiction  in  the  cases  determined  by  the  laws; 

5th.  Of  the  fact  of  disobedience  of  the  generals  of  the 
army  or  navy  who  disregard  their  instructions  ; 

6th.  Of  the  peculations  and  squandering  of  which  the  pre- 


362 


CONSTITUTION  OF  THE  YEAR  XII 


fects  of  the  interior  make  themselves  guilty  in  the  exercise  of 
their  functions : 

7th.  Of  the  forfeitures  and  complaints  of  prejudice  which 
can  be  incurred  by  a court  of  appeal  or  by  a court  of  justice 
or  by  members  of  the  Court  of  Cassation. 

8th.  Of  denunciations  on  account  of  arbitrary  detentions 
and  of  violations  of  the  liberty  of  the  press. 

102.  The  seat  of  the  high  imperial  court  is  in  the  Senate. 

103.  It  is  presided  over  by  the  archchancellor  of  the  Em- 
pire. 

If  he  is  ill,  absent,  or  lawfully  prevented,  it  is  presided  over 
by  another  of  the  titular  grand  dignitaries  of  the  Empire. 

104.  The  high  imperial  court  is  composed  of  the  princes, 
the  titular  grand  dignitaries  and  grand,  officers  of  the  Em- 
pire, the  high  judge  minister  of  justice,  sixty  senators,  the 
six  presidents  of  the  sections  of  the  Council  of  State,  fourteen 
councillors  of  state,  and  twenty  members  of  the  Court  of 
Cassation. 

The  senators,  the  Councillors  of  State  and  members  of 
the  Court  of  Cassation  are  appointed  by  order  of  seniority. 

105.  There  is  before  the  high  imperial  court  a procureur- 
general,  appointed  for  life  by  the  Emperor. 

He  performs  the  duties  of  the  public  ministry,  being  as- 
sisted by  three  tribunes,  appointed  each  year  by  the  Corps- 
Legislatif  out  of  a list  of  nine  candidates  presented  by  the 
Tribunate,  and  of  three  magistrates  whom  the  Emperor  ap- 
points, also  each  year,  from  among  the  officers  of  the  courts 
of  appeal  and  of  criminal  justice. 

106.  There  is  before  the  high  imperial  court  a recorder- 
in-chief  appointed  for  life  by  the  Emperor. 

107.  The  president  of  the  high  imperial  court  can  never 
be  challenged ; he  can  abstain  for  legitimate  reasons. 

108.  The  high  imperial  court  can  act  only  upon  pros- 
ecutions of  the  public  ministry  in  the  offences  committed  by 
those  whose  rank  makes  them  subject  to  the  jurisdiction  of 
the  imperial  court;  if  there  is  a complaint,  the  public  ministry 
becomes  necessarily  joint  and  prosecuting  party,  and  proceeds 
as  is  required  hereinafter. 

The  public  ministry  is  likewise  the  joint  and  prosecuting 
party  in  cases  of  forfeiture  or  of  complaint  of  prejudice. 


CONSTITUTION  OF  THE  YEAR  XII 


363 


log.  The  security  magistrates  and  the  jury  directors  are 
required  to  draw  up  and  transmit,  within  the  period  of  eight 
days,  to  the  procureur-general  before  the  high  imperial  court 
all  the  documents  of  the  proceedings,  when,  in  the  offences 
whose  reparation  they  seek,  it  happens  either  from  the  quality 
of  the  persons,  or  the  title  of  the  accusation,  or  from  circum- 
stances, that  the  matter  belongs  to  the  jurisdiction  of  the  high 
imperial  court. 

Nevertheless,  the  security  magistrates  continue  to  collect 
the  proofs  and  indications  of  the  offence. 

no.  The  ministers  or  the  Councillors  of  State  charged 
with  any  part  whatsoever  of  the  public  administration  can 
be  denounced  by  the  Corps-Legislatif,  if  they  have  given  or- 
ders contrary  to  the  constitutions  and  the  laws  of  the  Empire. 

in.  The  Corps-Legislatif  can  likewise  denounce: 

The  captains-general  of  the  colonies,  the  colonial  prefects, 
the  commandants  of  French  establishments  outside  of  the  con- 
tinent, the  administrators-general,  when  they  have  betrayed 
their  trusts  or  abused  their  authority ; 

The  generals  of  the  army  or  navy  who  have  disobeyed 
their  instructions ; 

The  prefects  of  the  interior  who  have  made  themselves 
guilty  of  squandering  or  of  peculation. 

1 12.  The  Corps-Legislatif  denounces  likewise  the  ministers 
or  agents  of  authority  when  there  has  been,  on  the  part  of  the 
Senate,  declaration  of  strong  presumptions  of  arbitrary  deten- 
tion or  of  violation  of  the  liberty  of  the  press. 

113.  The  denunciation  of  the  Corps-Legislatif  cannot  be 
decreed  except  upon  the  demand  of  the  Tribunate,  or  upon 
the  application  of  fifty  members  of  the  Corps-Legislatif,  who 
require  a secret  committee  for  the  purpose  of  causing  the  se- 
lection, by  way  of  ballot,  of  ten  from  among  themselves  to 
draw  up  the  instrument  of  denunciation. 

1 14.  In  either  case,  the  request  or  the  demand  shall  be 
made  in  writing,  and  signed  by  the  president  and  the  secre- 
taries of  the  Tribunate,  or  by  the  ten  members  of  the  Corps- 
Legislatif. 

If  it  is  directed  against  a minister  or  a Councillor  of  State 
charged  with  a part  of  the  public  administration,  it  is  com- 
municated to  him  within  the  period  of  a month. 


364 


CONSTITUTION  OP  THE  YEAR  XII 


1 1 5.  The  denounced  minister  or  Councillor  of  State  does 
not  appear  there  to  reply. 

The  Emperor  appoints  three  Councillors  of  State  to  repair 
to  the  Corps-Legislatif  on  the  appointed  day,  and  to  give  in- 
formation upon  the  facts  of  the  denunciation. 

1 16.  The  Corps-Legislatif  discusses  in  secret  committee 
the  facts  included  in  the  request  or  the  demand,  and  it  decides 
by  means  of  the  ballot. 

1 17.  The  document  of  denunciation  shall  be  circumstan- 
tially stated  and  signed  by  the  president  and  secretary  of  the 
Corps-Legislatif. 

It  is  addressed  by  a message  to  the  archchancellor  of  the 
Empire,  who  transmits  it  to  the  procureur-general  before  the 
high  imperial  court.  - 

1 18.  Betrayals  of  trust  or  abuses  of  power  of  the  captains- 
general  of  the  colonies,  the  colonial  prefects,  the  commandants 
of  the  establishments  outside  of  the  continent,  and  the  admin- 
istrators-general ; the  facts  of  disobedience  on  the  part  of  the 
generals  of  the  army  or  the  navy  to  the  instructions  which 
have  been  given  them ; and  the  squanderings  and  extrav- 
agancies of  the  prefects  are  denounced  by  the  ministers,  each 
within  his  department,  to  the  officers  charged  with  the  public 
ministry. 

If  the  denunciation  is  made  by  the  high  judge  minister  of 
justice,  he  cannot  assist  nor  take  part  in  the  judgments  which 
follow  upon  his  denunciation. 

1 19.  In  the  cases  prescribed  by  articles  no,  in,  112,  and 
118,  the  procureur-general  notifies  the  archchancellor  of  the 
Empire,  within  three  days,  that  there  is  need  for  the  high 
imperial  court  to  meet. 

The  archchancellor,  after  having  taken  the  orders  of  the 
Emperor,  fixes  within  eight  days  the  opening  of  the  sittings. 

120.  At  the  first  sitting  of  the  high  imperial  court  it  shall 
pass  upon  its  jurisdiction. 

121.  When  there  is  a denunciation  or  a complaint,  the 
procureur-general  in  concert  with  the  tribunes  and  the  three 
magistrate-officers  of  the  bar,  considers  if  there  is  need  for 
prosecutions. 

The  decision  belongs  to  him ; one  of  the  magistrates  of 
the  bar  can  be  charged  by  the  procureur-general  with  the 
direction  of  the  prosecutions. 


CONSTITUTION  OF  THE  YEAR  XII 


365 


If  the  public  ministry  thinks  that  the  complaint  or  the  de- 
nunciation ought  not  to  be  admitted,  it  states  the  grounds 
for  the  conclusions,  upon  which  the  high  imperial  court  pro- 
nounces, after  having  heard  the  magistrate  charged  with  the 
report. 

122.  When  the  conclusions  are  adopted,  the  high  imperial 
court  brings  the  affair  to  an  end  by  a definitive  judgment. 

When  they  are  rejected,  the  public  ministry  is  required 
to  continue  the  prosecutions. 

123.  In  the  second  of  the  cases  provided  for  by  the  pre- 
ceding article,  and  also  when  the  public  ministry  considers 
that  the  complaint  or  denunciation  ought  to  be  admitted,  it 
is  required  to  prepare  the  document  of  accusation  within 
eight  days,  and  to  communicate  it  to  the  commissioner  and 
the  alternate  whom  the  archchancellor  of  the  Empire  appoints 
from  among  the  judges  of  the  Court  of  Cassation  who  are 
members  of  the  high  imperial  court.  The  functions  of  this 
commissioner,  and,  in  his  default,  of  the  alternate,  consist 
of  making  the  examination  and  the  report. 

124.  The  reporter  or  his  alternate  submits  the  document 
of  accusation  to  twelve  commissioners  of  the  high  imperial 
court,  chosen  by  the  archchancellor  of  the  Empire,  six  from 
among  the  senators  and  six  from  among  the  other  members 
of  the  high  imperial  court.  The  members  chosen  do  not 
participate  in  the  judgment  of  the  high  imperial  court. 

125.  If  the  twelve  commissioners  conclude  that  there  is 
need  for  accusation,  the  commissioner-reporter  prepares  an 
ordinance  in  conformity  therewith,  issues  the  warrants  of 
arrest,  and  proceeds  to  the  examination. 

126.  If  the  commissioners,  on  the  contrary,  think  that 
there  is  no  need  for  accusation,  the  matter  is  referred  by  the 
reporter  to  the  high  imperial  court,  which  pronounces  defi- 
nitively, 

127.  The  high  imperial  court  cannot  give  judgment  with 
less  than  sixty  members.  Ten  of  the  whole  number  of  mem- 
bers can  be  challenged,  without  assignment  of  cause,  by  the 
accused  and  ten  by  the  public  party.  The  decision  is  rendered 
by  majority  of  the  votes. 

128.  The  proceedings  and  the  judgment  take  place  in  pub- 
lic. 


366 


CONSTITUTION  OF  THE  YEAR  XII 


129.  The  accused  have  counsel;  if  they  do  not  present 
any,  the  archchancellor  of  the  Empire  officially  gives  them 
some  one. 

130.  The  high  imperial  court  can  pronounce  only  the  pen- 
alties provided  by  the  penal  code. 

It  pronounces,  if  there  is  need,  condemnation  to  damages 
and  civil  interests. 

13 1.  When  it  acquits,  it  can  put  those  who  are  acquitted 
under  the  surveillance  or  at  the  disposal  of  the  high  police 
of  the  State,  for  the  time  which  it  determines. 

132.  The  judgments  rendered  by  the  high  imperial  court 
are  not  subject  to  any  appeal ; 

Those  which  pronounce  condemnation  to  an  afflictive  or 
infamous  penalty  can  be  executed  only  when  they  have  been 
signed  by  the  Emperor. 

133.  A special  senatus-consultum  contains  the  remainder 
of  the  arrangements  relative  to  the  organization  and  action 
of  the  high  imperial  court. 

TITLE  XIV.  OF  THE  JUDICIAL  CLASS. 

134.  The  judgments  of  the  courts  of  justice  are  entitled 
arretes. 

135.  The  presidents  of  the  Court  of  Cassation,  of  the 
courts  of  appeal  and  of  criminal  justice,  are  appointed  for  life 
byi  the  Emperor,  and  can  be  chosen  from  outside  of  the  courts 
over  which  they  shall  preside. 

136.  The  tribunal  of  cassation  assumes  the  denomination 
of  Court  of  Cassation. 

The  tribunals  of  appeal  assume  that  of  Court  of  Appeal ; 

The  criminal  tribunals,  that  of  Court  of  Criminal  Justice. 

The  president  of  the  Court  of  Cassation  and  those  of  the 
courts  of  appeal  divided  into  sections  assume  the  title  of 
first  president. 

The  vice-presidents  assume  that  of  presidents. 

The  commissioners  of  the  government  before  the  Court 
of  Cassation,  the  courts  of  appeal  and  the  courts  of  criminal 
justice  take  the  title  of  imperial  procureurs-general. 

The  commissioners  of  the  government  before  the  other 
tribunals  assume  the  title  of  imperial  procureurs. 


CONSTITUTION  OF  THE  YEAR  XII 


3^7 


TITLE  XV.  OF  THE  PROMULGATION. 

137.  The  Emperor  causes  the  sealing  and  promulgation  of 
the  organic  senatus-consulta, 

The  senatus-consulta, 

The  actes  of  the  Senate, 

The  laws. 

The  organic  senatus-consulta,  the  senatus-consulta,  and  the 
actes  of  the  Senate  are  promulgated  at  the  latest  on  the  tenth 
day  following  their  emission. 

138.  Two  original  copies  are  made  of  each  of  the  doc- 
uments mentioned  in  the  preceding  article. 

Both  are  signed  by  the  Emperor,  attested  by  one  of  the 
titular  grand  dignitaries,  each  according  to  their  rights  and 
powers,  countersigned  by  the  Secretary  of  State  and  the 
minister  of  justice,  and  sealed  with  the  great  seal  of  the 
state. 

139.  One  of  these  copies  is  deposited  in  the  archives  of 
the  seal,  and  the  other  is  transmitted  to  the  archives  of 
the  public  authority  from  which  the  acie  emanated. 

140.  The  promulgation  is  thus  expressed : 

“N.  (the  prenomen  of  the  Emperor),  by  the  grace  of  God 
and  the  constitutions  of  the  Republic,  Emperor  of  the  French, 
to  all  present  and  to  come,  greeting. 

“The  Senate,  after  having  heard  the  orators  of  the  Council 
of  State,  has  decreed  or  resolved,  and  we  order  as  follows : 

“(And  if  a law  is  in  question)  The  Corps-Legislatif  has 
rendered  . . . (the  date)  the  following  decree,  in  con- 

formity with  the  proposal  made  in  the  name  of  the  Emperor, 
and  after  having  heard  the  orators  of  the  Council  of  State 
and  of  the  sections  of  the  Tribunate,  the  . 

“We  command  and  require  that  the  presents,  invested  with 
the  seals  of  the  State  and  inserted  in  the  Bulletin  of  the 
Laws,  be  addressed  to  the  courts,  tribunals  and  administrative 
authorities,  in  order  that  they  may  inscribe  them  in  their  reg- 
isters, observe  them  and  cause  them  to  be  observed ; and  the 
high  judge  minister  of  justice  is  charged  to  supervise  the 
publication  of  them.” 

141.  The  executory  copies  of  the  judgments  shall  be 
drawn  up  as  follows : 

“N.  (the  prenomen  of  the  Emperor),  by  the  grace  of  God 


368 


KINGDOM  OF  ITALY 


and  the  constitutions  of  the  Republic,  Emperor  of  the  French, 
to  all  present  and  to  come,  greeting: 

“The  Court  of  ...  or  the  tribunal  of 
(if  it  is  a tribunal  of  first  instance),  has  rendered  the  follow- 
ing judgment:’’ 

(Here  follows  the  arrete  or  the  judgment.) 

“We  command  and  require  of  all  bailiffs  upon  this  requi- 
sition to  put  the  said  judgment  into  execution;  of  our  pro- 
cureurs-general  and  our  procureurs  before  the  tribunals  of 
the  first  instance  to  take  it  in  hand ; of  all  commanders  and 
officers  of  the  public  forces  to  lend  assistance  when  it  shall 
be  legally  required  of  them. 

“In  testimony  whereof  the  present  judgment  has  been 
signed  by  the  president  of  the  Court  or  the  tribunal,  and 
by  the  bailiff.” 

TITLE  XVI  AND  LAST. 

142.  The  following  proposition  shall  be  presented  for  the 
acceptance  of  the  people,  in  the  forms  prescribed  by  the 
arrete  of  20  Floreal,  Year  X : 

“The  people  desire  the  inheritance  of  the  imperial  dignity 
in  the  direct,  natural,  legitimate  and  adoptive  lineage  of 
Napoleon  Bonaparte,  and  in  the  direct,  natural,  and  legitimate 
lineage  of  Joseph  Bonaparte  and  of  Louis  Bonaparte,  as  is 
regulated  by  the  organic  senatus-consultum  of  this  day.” 


72.  Documents  upon  the  Kingdom  of  Italy. 


A deputation  from  the  Italian  Republic  was  present  at  the 
coronation  of  Napoleon  as  Emperor.  These  documents  show  how 
the  occasion  was  utilized  to  transform  the  Italian  Republic  into 
the  Kingdom  of  Italy  and  the  manner  in  which  the  transaction 
was  officially  explained.  The  address  to  Napoleon  and  the  second 
and  more  elaborate  constitution  mentioned  in  the  document  are  in 
the  Moniteur  for  March  18  and  31,  1805.  The  general  character 
of  the  constitution  can  be  made  out  from  what  is  given  in  these 
documents. 


References.  Fournier.  Napoleon,  293-295  ; Lavisse  and  Ram- 
baud,  Histoire  Generate , IX,  431-432. 

A.  Constitutional  Statute.  March  17,  1805.  Moniteur, 
March  19,  1805  (28  Ventose,  Year  XIII). 


KINGDOM  OF  ITALY 


369 


Constitutional  Statute. 

The  Council  of  State,  in  view  of  the  unanimous  desire  of 
the  united  council  and  the  deputation  of  the  15th  instant: 

In  view  of  article  60  of  the  constitution,  upon  the  consti- 
tutional initiative : 

Decrees : 

1.  The  emperor  of  the  French,  Napoleon  I,  is  King  of 
Italy. 

2.  The  crown  of  Italy  is  hereditary  in  his  direct  and  legit- 
imate lineage,  natural  or  adopted,  from  male  to  male  and  to 
the  perpetual  exclusion  of  women  and  their  descendants,  pro- 
vided, nevertheless,  that  his  right  of  adoption  cannot  be  ex- 
tended over  any  other  person  than  a citizen  of  the  French 
Empire  or  of  the  Kingdom  of  Italy. 

3.  At  the  moment  in  which  foreign  armies  shall  have 
evacuated  the  State  of  Naples,  the  Ionian  Islands,  and  the 
island  of  Malta,  the  Emperor  Napoleon  shall  transmit  the 
hereditary  crown  of  Italy  to  one  of  his  legitimate,  natural 
or  adopted  children. 

4.  Dating  from  that  time,  the  crown  of  Italy  shall  no 
longer  be  united  with  the  crown  of  France  upon  the  same 
head,  and  the  successors  of  Napoleon  First  in  the  Kingdom 
of  Italy  shall  be  obliged  to  reside  constantly  upon  the  territory 
of  the  Italian  Republic. 

5.  Within  the  course  of  the  present  year,  the  Emperor 
Napoleon,  with  the  advice  of  the  Council  of  State  and  the  dep- 
utations of  the  electoral  colleges,  shall  give  to  the  Italian 
monarchy  constitutions  founded  upon  the  same  bases  as  those 
of  the  French  Empire,  and  upon  the  same  principles  as  the 
laws  which  he  has  already  given  to  Italy. 

Signed,  Napoleon. 

Melzi,  Mareschalchi,  Caprara,  Paradisi, 

Fenaroli,  Costabili,  Luosi,  Guiccardi. 

B.  Proclamation  of  the  Kingdom.  March  19,  1805,  Mon- 
iteur,  March  23,  1805  (2  Germinal,  Year  XIII). 

The  Council  of  State  to  the  Peoples  of  the  Kingdom  of  Italy. 

A new  State,  created  in  the  midst  of  political  commo- 
tions, could  not  arrive  all  at  once  at  a degree  of  perfection, 
consistency  and  strength  capable  of  assuring  forever  its  ex- 


370 


KINGDOM  OF  ITALY 


istence,  its  repose  and  its  prosperity.  The  genius  of  the 
founder,  however  gigantic,  however  bold  it  might  be,  was 
bound  to  pause  before  insurmountable  obstacles,  and  his  wis- 
dom exhibited  itself  in  not  going  beyond  what  circumstances 
would  permit.  Such  was  the  lot  of  our  Republic,  when,  for 
the  first  time,  it  appeared  suddenly  upon  the  political  horizon 
of  Europe. 

It  took  a great  step,  when  in  the  comitia  of  Lyons,  under 
the  auspices  and  under  the  direction  of  its  creator,  it  gave 
itself  a new  constitution  and  proclaimed  for  its  head  the  man 
whose  power  and  enlightenment  could  elevate  it  most  rapidly 
to  the  degree  of  consideration  and  welfare  to  which  its  des- 
tinies would  permit  it  to  aspire. 

But  this  second  organization  could  be  only  provisional,  for 
it  was  then  necessary  to  conform  to  the  circumstances  of  the 
time  and  to  wait  for  the  result  of  the  lessons  of  experience. 
Soon,  indeed,  experience  proved  that  many  things  were  lack- 
ing for  the  completion  of  the  edifice ; that  its  foundations  were 
not  solid  enough ; and  the  conduct  of  affairs,  however  skill- 
ful, however  unsullied  might  be  the  hands  which  guided  them, 
was  so  slow  and  so  embarrassed  that  one  could  not  but  per- 
ceive that  the  means  which  might  be  made  use  of  were  not 
sufficiently  effective. 

Finally,  the  great  example  given  by  France  served  to  carry 
conviction  to  all  minds,  and  its  happy  results  apprised  us  that 
it  was  time  to  imitate  it. 

From  that  time,  therefore,  the  Council  of  State,  charged 
especially  by  its  institution  with  looking  after  the  security  of 
the  Republic,  has  occupied  itself  with  the  means  to  effect  a 
change  which  not  only  was  rendered  necessary  by  the  events 
that  were  occurring  about  us,  but  was  commanded  by  a still 
more  pressing  interest,  that  of  our  preservation. 

Already  it  had  made  known  its  thoughts  and  addressed  its 
desires  to  the  august  head  of  the  State ; already  it  had  sub- 
mitted to  him  the  result  of  its  meditations,  when  it  was  in- 
vited to  repair  to  Paris,  in  company  with  a numerous  dep- 
utation of  members  of  all  the  constituted  bodies,  in  order  to 
be  present  at  the  grand  solemnity  of  the  coronation  of  Napo- 
leon, Emperor  of  the  French. 


KINGDOM  OP  ITALY 


37  r 


It  was  then  that,  having  occasion  to  observe  still  more 
closely  the  splendid  labors  of  that  prodigious  genius,  admiring 
the  state  of  glory  and  prosperity  to  which,  as  in  an  instant, 
he  had  again  raised  the  nation  of  which  he  is  the  head,  seeing 
confidence,  good  order  and  tranquility  reigning  everywhere, 
the  Council  of  State  turned  its  thoughts  to  the  fatherland  and, 
by  a very  natural  feeling,  coveted  for  that  so  dear  fatherland 
the  felicity  of  which  it  had  come  to  contemplate  the  spectacle. 

Furthermore,  tormented  incessantly  by  the  thought  of 
the  great  dangers  to  be  feared,  the  Council  of  State  could  not 
conceal  the  fact  that  these  were  bound  to  be  always  united  in 
order  to  menace  the  State.  It  could  not  forget  either  the  de- 
signs or  interests  of  certain  other  powers,  and  not  reflect 
with  dismay  upon  the  inequality  of  the  forces,  the  danger 
of  a precarious  situation,  and  the  power  of  the  charms  of  our 
climate. 

It  therefore  concluded  that  it  was  its  duty  to  take  up 
again  the  work  which  it  had  commenced,  and  uniting  with 
the  deputies,  all  alike  distinguished  no  less  by  the  places 
which  they  occupy  than  by  their  zeal  and  their  enlightenment, 
and  all  with  one  voice  have  expressed  the  opinion  which  they 
have  believed  the  most  useful  and  which  without  any  doubt 
was  already  formed  by  all  hearts. 

This  opinion,  which  was  dictated  by  love  and  investigation 
and  was  made  a duty  by  the  good  of  the  fatherland,  has 
been  favorably  received.  Napoleon  is  King  of  Italy. 

It  is  our  interest  which  has  induced  Napoleon  to  yield  to 
our  wishes ; and  in  fact  he  did  not  wish  to-  assume  the  crown, 
and  he  will  keep  it  only  as  long  as  our  interest  shall  be  the 
law  for  it  to  his  wisdom  and  the  affection  which  he  bears 
us ; 

Finally,  as  he  has  wished  to  restrict  the  duration  of  his 
power,  he  will  limit  and  regulate  the  extent  and  usage  of  it. 
He  will  give  us  a constitution,  which  will  guarantee  us  our 
religion,  the  integrity  of  our  territory,  equality  of  rights,  po- 
litical and  civil  liberty,  the  irrevocability  of  the  sales  of  the 
national  lands,  the  exclusive  right  to  fill  offices  of  the  State ; 
which  will  reserve  to  the  law  alone  the  power  to  establish 
imposts,  and  which,  in  a word,  will  consecrate  and  consolidate 
all  the  grand  principles  upon  which  the  welfare  of  peoples  and 


BRITISH  AND  RUSSIAN  TREATY 


37- 

their  tranquility  are  founded.  Napoleon  has  made  promise 
of  this.  Who  can  doubt  that  he  does  not  intend,  that  he 
will  not  seek  to  fulfill  his  promise? 

Such  are  the  results  of  the  constitutional  statute  joined  to 
this  proclamation. 


73.  Treaty  of  Alliance  between  Great  Britain  and  Russia. 

April  11,  1805.  F.  Martens,  Traites  . . . Russia,  II,  433- 

448. 

This  treaty  presents  numerous  points  of  interest.  Among  those 
calling  for  particular  notice  are:  (1)  as  the  basis  of  the  Third 
Coalition  it  shows  the  character  of  the  arrangements  by  which 
the  coalitions  against  France  were  built  up;  (2)  in  its  stipulations 
regarding  the  general  peace  it  foreshadows  the  meeting  of  the  Con- 
gress of  Vienna  and  some  of  its  decisions. 

References.  Fyffe,  Modern  Europe,  I,  278-279  (Popular  ed., 
187-188);  Fournier,  Napoleon,  295-297;  Rose,  Napoleon,  II,  7-8; 
Lanfrey,  Napoleon,  III,  4-8  ; Lavisse  and  Rambaud,  Histoire  Gen- 
erate, IX,  94-95. 

In  the  name  of  the  most  holy  and  indivisible  Trinity, 

His  Majesty  the  Emperor  of  all  the  Russias  and  His  Maj- 
esty the  King  of  the  United  Kingdom  of  Great  Britain  and 
Ireland,  animated  by  the  desire  to  secure  for  Europe  the 
peace,  independence  and  well  being  of  which  it  is  deprived 
through  the  unmeasured  ambition  of  the  French  Government 
and  the  degree  of  influence  out  of  all  proportion  which  it 
tends  to  arrogate  to  itself,  have  resolved  to  employ  all  the 
means  which  are  in  their  power,  in  order  to  obtain  this  sal- 
utary aim  and  to  prevent  the  renewal  of  such  distressing  cir- 
cumstances, and  in  consequence  they  have  appointed  to  arrange 
and  agree  to  the  measures  which  their  magnanimous  inten- 
tions demand. 

I.  As  the  state  of  suffering  in  which  Europe  finds  itself 
demands  prompt  remedies,  their  Majesties  the  Emperor  of 
all  the  Russias  and  the  King  of  the  United  Kingdom  of  Great 
Britain  and  Ireland  have  agreed  to  consult  upon  the  means 
of  causing  its  cessation,  without  waiting  for  the  case  of 
further  encroachments  on  the  part  of  the  French  Govern- 


BRITISH  AND  RUSSIAN  TREATY 


373 


ment.  They  have  agreed,  in  consequence,  to  employ  the  most 
prompt  and  efficacious  measures  in  order  to  form  a general 
league  of  the  States  of  Europe,  and  to  bind  them  to  accede  to 
the  present  concert  and  to  gather,  for  the  purpose  of  fulfill- 
ing the  aim,  a force  which,  independent  of  that  which  His 
Britannic  Majesty  shall  furnish,  shall  amount  to  500,000 
effective  men  and  to  employ  them  with  energy  in  order  to 
bring  the  French  Government  by  inclination  or  by  force  to 
assent  to  the  re-establishment  of  the  peace  and  the  equilibrium 
of  Europe. 

2.  This  league  shall  have  for  its  aim  the  accomplishment 
of  that  which  is  proposed  by  the  present  concert,  to  wit : 

A.  The  evacuation  of  the  country  of  Hanover  and  of  the 
North  of  Germany. 

B.  The  establishment  of  the  independence  of  the  republics 
of  Holland  and  Switzerland. 

C.  The  re-establishment  of  the  King  of  Sardinia  in  Pied- 
mont, with  an  enlargement  as  considerable  as  circumstances 
will  permit. 

D.  The  future  security  of  the  Kingdom  of  Naples  and  the 
entire  evacuation  of  Italy,  including  therein  the  Island  of 
Elba,  by  the  French  forces. 

E.  The  establishment  of  an  order  of  things  which  guar- 
antees effectively  the  security  and  independence  of  the  differ- 
ent states  and  presents  a solid  barrier  against  future  usurpa- 
tions. 

3.  His  Britannic  Majesty,  in  order  to  co-operate  effectively 
on  his  side  for  the  happy  purposes  of  the  present  concert, 
agrees  to  contribute  to  the  common  efforts  by  the  employment 
of  his  land  and  sea  forces,  including  his  vessels  suitable  for 
the  transport  of  troops,  according  to  what  shall  be  determined 
upon  in  this  respect  in  the  general  plan  of  operations.  He 
will  aid,  besides,  the  different  Powers  which  shall  accede 
hereto  by  subsidies,  the  amount  of  which  shall  correspond  to 
the  respective  forces  which  it  is  decided  to  employ ; and 
in  order  that  these  pecuniary  aids  may  be  apportioned  in  the 
manner  most  suitable  for  the  general  welfare,  and  to  assist 
the  Powers  in  the  measure  of  the  efforts  which  they  shall 
make  to  contribute  to  the  common  success,  it  is  agreed,  that 
these  subsidies  shall  be  furnished  (except  by  special  ar- 


374 


BRITISH  AND  RUSSIAN  TREATY 


rangements)  in  the  proportion  of  1,250,000  pounds  sterling 
per  annum  for  each  hundred  thousand  men  of  regular  troops 
and  thus  in  proportion  for  a greater  or  less  number,  payable 
under  the  conditions  specified  below. 

6.  Their  Majesties  agree  that  in  case  a league  is  formed 
such  as  has  been  specified  in  article  1,  they  will  not  make 
peace  with  France  except  with  the  consent  of  all  the  Powers 
which  shall  be  parties  in  the  said  league,  and  in  case  the  con- 
tinental Powers  shall  not  recall  their  forces  until  the  peace. 
His  Britannic  Majesty  agrees  to  continue  the  payment  of 
the  subsidies  for  the  entire  duration  of  the  war. 

Separate  Articles. 

3.  The  High  Contracting  Parties  are  agreed  that  it  enters 
into  the  aim  of  the  present  Concert  to  procure  for  Holland 
and  for  Switzerland,  according  to  circumstances,  suitable  en- 
largements, such  as  the  former  Austrian  Low  Countries  in 
whole  or  in  part  for  the  first  and  Geneva  and  Savoy  for  the 
second. 

They  likewise  agree  that  the  arrangements  which  shall 
be  made  as  the  result  of  the  war  shall  include  in  favor  of  Aus- 
tria an  augmentation  of  territory,  isuch  as  is  stipulated  for  it 
by  its  convention  with  the  F.mperor  of  all  the  Russias,  and 
in  favor  of  other  States  which  may  co-operate  in  the  aim 
of  the  present  Concert  acquisitions  proportioned  to  their  efforts 
for  the  common  cause  and  compatible  with  the  equilibrium  of 
Europe. 

6.  Mis  Majesty  the  Emperor  of  all  the  Russias  and  His 
Majesty  the  King  of  the  United  Kingdom  of  Great  Britain 
and  Ireland,  having  been  induced  to  establish  an  energetic 
concert  between  themselves  only  with  a view  to  assure 
to  Europe  a stable  and  solid  peace  founded  upon  the  principles 
of  justice,  equity  and  international  law,  which  are  constantly 
guiding  them,  have  recognized  the  necessity  of  agreeing  even 
at  present  upon  various  principles  which  they  shall  bring  for- 
ward according  to  a previous  agreement  as  soon  as  the  for- 
tunes of  war  shall  furnish  the  necessity  therefor. 


TREATY  OF  FRESSBURG 


375 


These  principles  are,  not  to  interfere  in  any  manner  with 
the  national  will  in  France  relative  to  the  form  of  the  Gov- 
ernment, nor  in  the  other  countries  in  which  the  combined 
armies  may  come  to  act;  not  to  appropriate  in  advance  of  the 
peace  any  of  the  conquests  which  may  be  made  by  one  or  the 
other  of  the  belligerent  parties,  and  to  take  possession  of  the 
cities  and  territories  which  may  be  wrested  from  the  common 
enemy  only  in  the  name  of  the  Country  or  State  to  which  they 
belong  by  recognized  right  and  in  every  other  case  in  the 
name  of  all  the  members  of  the  league. 

Finally,  to  assemble  at  the  end  of  the  war  a general  con- 
gress, in  order  to  discuss  and  settle  upon  the  most  precise 
foundations,  what  unfortunately  has  not  been  possible  until 
now,  the  precepts  of  international  law,  and  to  assure  the  ob- 
servance of  them  by  the  establishment  of  a federative  system 
based  upon  the  situation  of  the  different  States  of  Europe. 


74.  Treaty  cf  Pressburg. 

December  26,  1805  (5  Niv6se,  Year  XIV).  De  Clercq,  Traites, 
II.  145-151. 

Austria  became  a member  of  tbe  Third  Coalition  upon  the 
terms  outlined  in  No.  73.  ITlm  and  Austerlitz  forced  her  to  with- 
draw and  to  accept  the  terms  granted  by  Napoleon  in  this  treaty. 
It  should  be  compared  with  the  treaties  of  Campo  Formio  and 
Luneville  (Nos.  55  and  62),  and  the  altered  position  in  which 
it  left  Austria  should  be  carefully  noted. 

References.  Fyffe,  Modern  Europe,  I.  299-300.  307-308  (Pop- 
ular ed.,  201-202,  206-207)  ; Fournier,  Napoleon,  318-324;  Rose, 
Napoleon,  II,  41-46 ; Sloane,  Napoleon,  II,  251-252 ; Lanfrey,  Na- 
poleon, III,  101-106  ; Lavisse  and  Rambaud,  Ilistoire  Generate,  IX, 
101-102. 

Maps.  Putzger,  Tlislorischer  Schul-Atlas,  26  ; Schrader,  Atlas 
de  Geotjrapltie  Historique,  48  ; Vidal-Lablache,  Atlas  General,  41. 

His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
and  His  Majesty  the  Emperor  of  Germany  and  of  Austria, 
equally  prompted  by  the  desire  to  put  an  end  to  the  calamities 
of  the  war,  have  resolved  to  proceed  without  delay  to  the 
conclusion  of  a definitive  treaty  of  peace. 


376 


TREATY  OF  PRESSBURG 


1.  There  shall  be,  dating  from  this  day,  peace  and  amity 
between  His  Majesty  the  Emperor  of  Germany  and  of  Austria 
and  His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
their  heirs  and  successors,  their  respective  States  and  subjects, 
forever. 

2.  France  shall  continue  to  possess  in  complete  ownership 
and  sovereignty  the  Duchies,  Principalities,  Lordships  and 
territories  beyond  the  Alps,  which  were,  prior  to  the  present 
Treaty,  united  or  incorporated  with  the  French  Empire,  or 
ruled  by  French  Laws  and  Administrations. 

4.  His  Majesty  the  Emperor  of  Germany  and  of  Austria 
renounces,  as  well  for  himself  as  for  his  heirs  and  successors, 
the  portion  of  the  States  of  the  Republic  of  Venice  ceded  by 
him  in  the  Treaties  of  Campo  Formio  and  Luneville,  which 
shall  be  united  forever  with  the  Kingdom  of  Italy. 

5.  His  Majesty  the  Emperor  of  Germany  and  of  Austria 
recognizes  His  Majesty  the  Emperor  of  the  French  as  King 
of  Italy.  But  it  is  agreed  that,  in  conformity  with  the  declar- 
ation made  by  His  Majesty  the  Emperor  of  the  French  at 
the  time  when  he  took  the  Crown  of  Italy,  as  soon  as  the 
Powers  named  in  that  declaration  shall  have  fulfilled  the  con- 
ditions which  are  there  set  forth,  the  Crowns  of  France  and 
of  Italy  shall  be  separated  forever,  and  they  can  no  longer 
in  any  case  be  united  upon  the  same  head.  His  Majesty  the 
Emperor  of  Germany  and  of  Austria  binds  himself  to  recog- 
nize, at  the  time  of  the  separation,  the  successor  whom  His 
Majesty  the  Emperor  of  the  French  shall  give  himself  as 
King  of  Italy. 

6.  The  present  Treaty  of  peace  is  declared  common  to 
their  Most  Serene  Highnesses  the  Electors  of  Bavaria,  Wur- 
temburg,  and  Baden,  and  to  the  Batavian  Republic,  allies 
in  the  present  war  of  His  Majesty  the  Emperor  of  the 
French,  King  of  Italy. 

7.  The  Electors  of  Bavaria  and  of  Wurtemburg  having 
taken  the  title  of  King,  without  however  ceasing  to  belong 
to  the  Germanic  Confederation,  His  Majesty  the  Emperor  of 
Germany  and  of  Austria  recognizes  them  in  that  capacity. 

8.  His  Majesty  the  Emperor  of  Germany  and  of  Austria, 
both  for  himself,  his  heirs  and  successors,  and  for  the  Princes 


TREATY  OF  PRESSBTJRG 


3 77 


of  his  House,  their  respective  heirs  and  successors,  renounces 
the  Principalities,  Lordships,  Domains  and  territories  herein- 
after designated: 

Cedes  and  abandons  to  His  Majesty  the  King  of  Bavaria, 
the  Margravate  of  Burgau  and  its  dependencies,  the  Princi- 
pality of  Eichstadt,  the  portion  of  the  territory  of  Passau 
belonging  to  His  Royal  Highness  the  Elector  of  Salzburg, 
and  situated  between  Bohemia,  Austria,  the  Danube  and  the 
Inn ; the  county  of  Tyrol,  including  the  Principalities  of 
Brixen  and  Trent;  the  Seven  Lordships  of  Vorarlburg  with 
their  enclaves ; the  County  of  Hohenems,  the  County  of 
Konigsegg-Rothenfels,  the  Lordships  of  Tettnang  and  Argen, 
and  the  city  and  territory  of  Lindau. 

To  His  Majesty  the  King  of  Wurtemburg,  the  five  so- 
called  cities  of  the  Danube,  10  wit : Ehingen,  Munder-kingen, 
Riedlingen,  Mengen,  and  Sulgen,  with  their  dependencies ; the 
Upper  and  Lower  County  of  Hohenberg;  the  Landgravate  of 
Nellenbourg  and  the  Prefecture  of  Altorf,  with  their  de- 
pendencies (the  city  of  Constance  excepted)  ; the  portion  of 
Brisgau  constituting  an  enclave  within  the  Wurtemburg  pos- 
sessions and  situated  to  the  east  of  a line  drawn  from 
Schlegelberg  to  Molbach,  and  the  cities  and  territories  of 
Willingen  and  Brentingen. 

To  His  Serene  Highness  the  Elector  of  Baden,  the  Bris- 
gau (with  the  exception  of  the  enclave  and  the  separate  por- 
tions above  designated),  the  Ortenau  and  their  dependencies, 
the  city  of  Constance  and  the  commandery  of  Meinau. 

The  Principalities,  Lordships,  domains  and  territories  above 
said  shall  be  possessed  respectively  by  their  Majesties  the 
Kings  of  Bavaria  and  of  Wurtemburg  and  by  His  Serene 
Highness  the  Elector  of  Baden,  whether  in  suzerainty  or  in 
complete  ownership  and  sovereignty,  in  the  same  manner, 
with  the  same  titles,  rights,  and  prerogatives  as  they  were 
possessed  by  His  Majesty  the  Emperor  of  Germany  and  of 
Austria,  or  the  Princes  of  His  House,  and  not  otherwise. 

io.  The  countries  of  Salzburg  and  Berechtesgaden  belong- 
ing to  His  Royal  and  Excellent  Highness  the  Archduke  Fer- 
dinand shall  be  incorporated  in  the  Empire  of  Austria ; and 
His  Majesty  the  Emperor  of  Germany  and  of  Austria  shall 


378 


KINGDOM  OF  NAPLES 


possess  them  in  complete  ownership  and  sovereignty,  but  with 
the  title  of  Duchy  only. 

ii.  His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
engages  to  obtain  in  favor  of  His  Royal  Highness  the  Arch- 
duke Ferdinand,.  Elector  of  Salzburg,  the  cession,  by  His 
Majesty  the  King  of  Bavaria,  of  the  Principality  of  Wurzburg, 
as  it  was  given  to  his  Majesty  by  the  recez  of  the  Dep- 
utation of  the  Germanic  Empire  of  February  25,  1803.  . 

15.  His  Majesty  the  Emperor  of  Germany  and  of  Austria, 
as  well  for  himself,  his  heirs  and  successors,  as  for  the  Princes 
of  his  House,  their  heirs  and  successors,  renounces  without 
exception  all  rights,  whether  of  Sovereignty  or  of  Suzerainty, 
all  claims  whatsoever,  present  or  contingent,  upon  all  the 
States  of  their  Majesties  the  Kings  of  Bavaria  and  Wurtem- 
burg  and  His  Serene  Highness  the  Elector  of  Baden,  and 
generally  upon  all  the  States,  domains  and  territories  included 
in  the  circles  of  Bavaria,  Franconia  and  Swabia,  as  well  as 
every  title  taken  from  the  said  domains  and  territories ; and 
reciprocally  all  present  or  contingent  claims  of  the  said  States 
at  the  expense  of  the  House  of  Austria  or  of  its  Princes  are 
and  shall  remain  extinguished  forever : . . . 

17.  His  Majesty  the  Emperor  Napoleon  guarantees  the 
integrity  of  the  Empire  of  Austria  in  the  condition  wherein 
it  shall  be  in  consequence  of  the  present  Treaty  of  peace,  like- 
wise the  integrity  of  the  possessions  of  the  Princes  of  the 
House  of  Austria  designated  in  the  eleventh  and  twelfth  ar- 
ticles. 


Separate  Article. 

There  shall  be  paid  by  His  Majesty  the  Emperor  of  Ger- 
many and  of  Austria,  for  redemption  of  all  the  contributions 
imposed  upon  the  different  hereditary  States  occupied  by 
the  French  army  and  not  yet  collected,  a sum  of  forty  million 
francs  (metallic  value) 


75.  Documents  upon  Napoleon  and  the  Kingdom  of  Naples. 


These  documents  show  the  manner  and  official  justification  of 


KINGDOM  OP  NAPLES 


3 7=1 


the  transfer  of  the  Neapolitan  crown  from  its  Bourbon  sovereign 
to  Joseph  Bonaparte.  This  event  was  the  first  of  a series  by  which 
the  Grand  Empire  was  created.  Something  of  the  conception  of 
this  empire  can  be  learned  from  document  B. 

References.  Fyffe,  Modern  Europe , I.  300-303  (Popular  ed., 
202-20-t)  ; Fournier,  Napoleon,  327-329  ; Rose,  Napoleon , II,  56- 
59:  Sloane,  Napoleon,  II,  255-256;  Lanfrey,  Napoleon,  III,  106- 
108. 

A.  Proclamation  to  the  Army.  December  30,  1805.  M on- 
it  eur,  February  1,  1806. 

At  my  Imperial  Camp  at  Schoenbriinn, 

6 Nivose,  Year  XIV  (December  30,  1805). 

Soldiers, 

For  ten  years  past  I have  done  everything  to  save  the  King 
of  Naples;  he  has  done  everything  to  ruin  himself. 

After  the  battles  of  Dego,  Mondovi  and  Lodi  he  could 
oppose  to  me  only  a feeble  resistance.  I trusted  the  words  of 
that  prince  and  was  generous  towards  him. 

When  the  second  coalition  was  dissolved  at  Marengo,  the 
King  of  Naples,  who  had  first  commenced  that  unjust  war, 
abandoned  at  Luneville  by  his  allies,  remained  alone  and  with- 
out defence.  He  implored  me  ; I pardoned  him  a second  time. 

A few  months  ago  you  were  at  the  gates  of  Naples.  I 
had  plenty  of  legitimate  reasons  to  suspect  the  treason  which 
was  meditated  and  to  avenge  the  outrages  which  had  been 
committed.  I was  again  generous.  I recognized  the  neutral- 
ity of  Naples;  I ordered  you  to  evacuate  that  kingdom;  and 
for  the  third  time  the  House  of  Naples  was  saved  and 
strengthened. 

Shall  we  pardon  a fourth  time?  shall  we  confide  for  a 
fourth  time  in  a heart  without  faith,  without  honor,  and  with- 
out reason?  No!  no!  the  dynasty  of  Naples  has  ceased  to 
reign ; its  existence  is  incompatible  with  the  repose  of  Europe 
and  the  honor  of  my  crown. 

Soldiers,  march ; cast  into  the  waves,  supposing  that  they 
await  you,  those  debilitated  battalions  of  the  tyrant  of  the 
seas.  Show  to  the  world  in  what  manner  we  punish  per- 
jurers. Be  not  slow  to  understand  that  all  Italy  is  subject 
to  my  laws  or  to  those  of  mv  allies ; that  the  most  beautiful 
country  of  the  world  is  liberated  from  the  yoke  of  the  most 


380 


KINGDOM  OF  NAPLES 


perfidious  men;  that  the  sanctity  of  treaties  is  avenged,  and 
that  the  manes  of  my  brave  soldiers  butchered  in  the  harbors 
of  Sicily  on  their  return  from  Egypt,  after  having  escaped 
the  perils  of  shipwreck,  of  the  deserts,  and  of  a hundred  bat- 
tles, are  at  length  appeased. 

Soldiers,  my  brother  will  march  at  your  head;  he  knows 
my  plans;  he  is  the  depository  of  my  authority;  he  has  my 
entire  confidence;  encompass  him  with  yours. 

Napoleon. 

B.  Imperial  Decree  making  Joseph  Bonaparte  King  of 
Naples.  March  30,  1806.  Duvergier,  Lois,  XV.,  323. 

Napoleon,  by  the  grace  of  God  and  the  Constitutions,  Em- 
peror of  the  French,  and  King  of  Italy,  to  all  those  to  whom 
these  presents  shall  come,  greeting. 

The  interests  of  our  people,  the  honor  of  our  crown,  and 
the  tranquility  of  the  continent  of  Europe,  requiring  that  we 
should  assure  in  a stable  and  definitive  manner  the  fate  of 
the  peoples  of  Naples  and  of  Sicily,  who  have  fallen  into  our 
power  by  the  right  of  conquest,  and  who  moreover  make  up 
part  of  the  Grand  Empire,  we  have  declared  and  do  declare 
by  these  presents  that  we  recognize  as  King  of  Naples  and  o'f 
Sicily  our  well  beloved  brother  Joseph  Napoleon,  grand  elec- 
tor of  France.  That  crown  shall  be  hereditary,  by  order  of 
primogeniture,  in  his  masculine,  legitimate  and  natural  lin- 
eage. Should  his  said  lineage  become  extinct,  which  God 
forbid,  we  intend  to  call  thereto  our  legitimate  and  natural 
male  children,  by  order  of  primogeniture,  and  in  default  of 
our  legitimate  and  natural  male  children,  those  of  our  brother 
Louis  and  his  masculine,  legitimate  and  natural  lineage,  by 
order  of  primogeniture ; reserving  to  ourselves,  if  our  brother 
Joseph  Napoleon  should  die  during  our  lifetime,  without  leav- 
ing legitimate  and  natural  male  children,  the  right  to  designate 
for  the  succession  to  the  said  crown  a prince  of  our  house,  or 
even  to  call  thereto  an  adopted  child,  according  as  we  shall 
judge  expedient  for  the  interest  of  our  peoples  and  for  the  ad- 
vantage of  the  grand  system  which  Divine  Providence  has 
destined  us  to  establish. 

We  institute  in  the  said  Kingdom  of  Naples  and  of  Sicily 
six  grand  fiefs  of  the  Empire,  with  the  title  of  duchy  and 
with  the  same  advantages  and  prerogatives  as  those  which 


TREATY  BETWEEN  FRANCE  AND  HOLLAND 


have  been  instituted  in  the  Venetian  provinces  united  to  our 
crown  of  Italy,  in  order  that  the  said  duchies  may  be  grand 
fiefs  of  the  Empire  forever,  appointments  thereto,  if  there 
is  occasion,  falling  to  us  or  our  successors.  All  the  details  of 
the  formation  of  the  said  fiefs  are  remitted  to  the  care  of  our 
said  brother  Joseph  Napoleon. 

We  reserve  from  the  said  Kingdom  of  Naples  and  of 
Sicily  the  disposal  of  one  million  of  income,  in  order  to  be 
distributed  to  the  generals,  officers  and  soldiers  of  our  army, 
who  have  rendered  the  most  services  to  the  fatherland  and 
the  throne,  and  whom  we  shall  designate  for  that  purpose, 
under  the  express  condition  of  the  said  generals,  officers  and 
soldiers  not  having  power  before  the  expiration  of  ten  years 
to  sell  or  alienate  the  said  incomes,  except  with  our  author- 
isation. 

The  King  of  Naples  shall  be  forever  a grand  dignitary  of 
the  Empire,  under  the  title  of  grand  elector;  reserving  to 
ourselves,  however,  when  we  shall  deem  suitable,  to  create 
the  dignity  of  prince  vice-grand-elector. 

We  intend  that  the  crown  of  Naples  and  of  Sicily,  which 
we  place  upon  the  head  of  our  brother  Joseph  Napoleon  and 
his  descendants,  shall  not  affect  injuriously  in  any  manner 
their  rights  of  succession  to  the  throne  of  France.  But  it 
is  likewise  within  our  wish  that  the  crowns  of  France,  Italy, 
and  Naples  and  Sicily,  may  never  be  united  upon  the  same 
head. 


76.  Treaty  between  France  and  Holland. 


May  24,  1S06.  De  Clereq,  Traitcs,  II,  165-167. 

The  event  shown  in  this  document  belongs  to  the  series  by 
which  the  republics  dependent  upon  France  were  transformed  into 
monarchies  and  made,  in  effect  if  not  in  name,  parts  of  the  Grand 
Empire.  The  reasons  given  for  the  change  and  the  relationship 
with  France  should  be  particularly  noticed. 

References.  Fournier,  Napoleon,  331-334;  Sloane,  Napoleon, 
II,  256  ; Lanfrey,  Napoleon , III,  114-116  ; Lavisse  and  Rambaud, 
Histoire  Generate,  IX,  4S8-493. 

His  Imperial  and  Royal  Majesty  Napoleon,  Emperor  of 
the  French,  King  of  Italy,  and  the  Assembly  of  their  High 


382 


TREATY  BETWEEN  FRANCE  AND  HOLLAND 


Mightinesses  representing  the  Batavian  Republic,  presided 
over  by  His  Excellency  the  Grand  Pensionary,  accompanied 
by  the  Council  of  State  and  the  Ministers  and  Secretaries  of 
State,  considering : 

1st.  That  in  view  of  the  general  tendency  of  opinion 
and  the  actual  organization  of  Europe,  a Government  without 
stability  and  certain  duration  cannot  fulfill  the  aim  of  its  in- 
stitution ; 

2d.  That  the  periodical  renewal  of  the  Head  of  the  State 
will  always  be  in  Holland  a source  of  dissensions,  and  abroad, 
a constant  subject  of  agitation  and  discord  between  the  Pow- 
ers friendly  or  hostile  to  Holland; 

3d.  That  an  hereditary  government  alone  can  guarantee 
the  tranquil  possession  of  everything  which  is  dear  to  the  peo- 
ple of  Holland,  the  free  exercise  of  their  religion,  the  preser- 
vation of  their  laws,  their  political  independence  and  their 
civil  liberty; 

4th.  That  the  first  of  their  interests  is  to  assure  themselves 
of  a powerful  protection,  under  the  shelter  of  which  they  can 
freely  exercise  their  industry  and  maintain  themselves  in  the 
possession  of  their  territory,  their  commerce  and  their  colo- 
nies ; 

5th.  That  France  is  essentially  interested  in  the  welfare 
of  the  people  of  Holland,  the  prosperity  of  the  State  and  the 
stability  of  their  institutions,  as  well  in  consideration  of  the 
northern  frontier  of  the  Empire,  open  and  stripped  of  fortified 
places,  as  under  the  aspect  of  the  principles  and  interests  of 
general  policy ; 

1.  His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
both  for  himself  and  for  his  heirs  and  successors  forever, 
guarantees  to  Holland  the  maintenance  of  its  constitutional 
rights,  its  independence,  the  integrity  of  its  possessions  in 
the  two  worlds,  its  political,  civil  and  religious  liberty,  as  it 
is  consecrated  by  the  actually  established  laws,  and  the  aboli- 
tion of  every  privilege  in  the  matter  of  taxation. 

2.  Upon  the  formal  request  made  by  their  High  Might- 
inesses representing  the  Batavian  Republic,  that  Prince  Louis 
Napoleon  should  be  appointed  and  crowned  hereditary  and 
constitutional  King  of  Holland,  His  Majesty  defers  to  this 


TREATY  BETWEEN  FRANCE  AND  HOLLAND  383 

opinion  and  authorises  Prince  Louis  Napoleon  to  accept  the 
Crown  of  Holland,  to  be  possessed  by  him  and  his  natural, 
legitimate  and  masculine  descendants,  by  order  of  primogen- 
iture, to  the  perpetual  exclusion  of  women  and  their  descend- 
ants. 

In  consequence  of  this  authorisation,  Prince  Louis  Napoleon 
shall  possess  that  crown  under  the  title  of  King,  and  with  all 
the  power  and  all  the  authority  which  shall  be  determined  by 
the  constitutional  laws  which  the  Emperor  Napoleon  has  guar- 
anteed in  the  preceding  article. 

Nevertheless,  it  is  declared  that  the  Crowns  of  France  and 
of  Holland  can  never  be  united  upon  the  same  head. 

4.  In  case  of  a minority,  the  regency  belongs  of  right  to 
the  queen;  and  in  her  default,  the  Emperor  of  the  French,  in 
his  capacity  as  perpetual  Head  of  the  Imperial  Family,  ap- 
points the  Regent  of  the  Kingdom ; he  chooses  from  among 
the  Princes  of  the  Royal  Family,  and,  in  their  default,  from 
among  the  nationals.  The  minority  of  the  Kings  ends  at  the 
age  of  eighteen  completed  years. 

6.  The  King  of  Holland  shall  be  in  perpetuity  a Grand 
Dignitary  of  the  Empire,  under  the  title  of  Grand  Constable. 

7.  The  Members  of  the  reigning  House  of  Holland  shall 
remain  personally  subject  to  the  provisions  of  the  constitu- 
tional statute  of  March  30th  last,  forming  the  law  of  the  Im- 
perial Family  of  France. 

8.  The  posts  and  employments  of  State,  other  than  those 
appertaining  to  the  personal  service  of  the  Palace  of  the  King, 
shall  be  conferred  only  upon  nationals. 

9.  The  arms  of  the  King  shall  be  the  ancient  arms  of  Hol- 
land, quartered  with  the  Imperial  Eagle  of  France  and  sur- 
mounted by  the  Royal  Crown. 

10.  There  shall  be  immediately  concluded  between  the 
Contracting  Powers  a treaty  of  commerce,  in  virtue  of  which 
the  subjects  of  Holland  shall  be  treated  at  all  times  in  the 
harbors  and  upon  the  territory  of  the  French  Empire  as  the 
most  specially  favored  nation. 

Paris,  this  May  24,  1806. 


384 


THE  CONTINENTAL  SYSTEM 


77.  Documents  upon  the  Continental  System. 


Tlie  first  five  of  these  documents  exhibit  the  steps  whereby  the 
neutral  trade  of  the  world  was  destroyed  during  the  great  com- 
mercial war  between  France  and  England.  Document  F shows  a 
subsequent  adjustment  of  the  English  system.  Document  G illus- 
trates the  methods  employed  by  Napoleon  in  the  application  of  his 
system.  The  idea  of  conquering  England  by  destroying  her  com- 
merce was  an  old  French  conception  which  the  Directory  had  be- 
gun to  apply.  Napoleon  resumed  the  policy  at  the  renewal  of  the 
war  in  1803  and  his  measures  led  to  document  A. 

References.  The  best  consecutive  account  of  the  whole  sys- 
tem is  in  Mahan,  Sea  Power  . . . French  Revolution,  II, 

265-357.  Henry  Adams,  History  of  the  United  States,  IV,  Ch. 
IV,  should  be  read  with  reference  to  documents  C and  D ; val- 
uable comment  upon  the  other  documents  may  also  be  obtained 
through  the  index.  See  also  Fournier,  Napoleon,  503-507  ; Rose, 
Napoleon,  II,  95-99,  195-206,  215-216  ; Lanfrey,  Napoleon,  III,  179- 
183,  357-358,  IV,  269-278. 

A.  British  Note  to  the  Neutral  Powers.  May  16,  1806. 
American  State  Papers,  Foreign  Relations,  III,  26 7. 

Downing  Street,  May  16,  1806. 

The  undersigned,  His  Majesty’s  principal  Secretary  of 
State  for  Foreign  Affairs,  has  received  His  Majesty’s  com- 
mands to  acquaint  Mr.  Monroe,  that  the  King,  taking  into 
consideration  the  new  and  extraordinary  means  resorted  to  by 
the  enemy  for  the  purpose  of  distressing  the  commerce  of  his 
subjects,  has  thought  fit  to  direct  that  the  necessary  measures 
should  be  taken  for  the  blockade  of  the  coast,  rivers  and  ports, 
from  the  river  Elbe  to  the  port  of  Brest,  both  inclusive;  and 
the  said  coast,  rivers  and  ports  are  and  must  be  considered  as 
blockaded;  but  that  His  Majesty  is  pleased  to  declare  that  such 
blockade  shall  not  extend  to  prevent  neutral  ships  and  vessels 
laden  with  goods  not  being  the  property  of  His  Majesty’s  ene- 
mies, and  not  being  contraband  of  war,  from  approaching  the 
said  coast,  and  entering  into  and  sailing  from  the  said  rivers 
and  ports  (save  and  except  the  coast,  rivers  and  ports  from 
Ostend  to  the  river  Seine,  already  in  a state  of  strict  and 
rigorous  blockade,  and  which  are  to  be  considered  as  so  con- 
tinued), provided  the  said  ships  and  vessels  so  approaching 
and  entering  (except  as  aforesaid),  shall  not  have  been  laden 
at  any  port  belonging  to  or  in  the  possession  of  any  of  His 


THE  CONTINENTAL  SYSTEM 


385 


Majesty’s  enemies;  and  that  the  said  ships  and  vessels  so 
sailing  from  said  rivers  and  ports  (except  as  aforesaid)  shall 
not  be  destined  to  any  port  belonging  to  or  in  possession 
of  any  of  His  Majesty's  enemies,  nor  have  previously  broken 
the  blockade. 

Mr.  Monroe  is  therefore  requested  to  apprise  the  Ameri- 
can consuls  and  merchants  residing  in  England,  that  the  coast, 
rivers  and  ports  above  mentioned,  must  be  considered  as  be- 
ing in  a state  of  blockade,  and  that  from  this  time  all  the 
measures  authorised  by  the  law  of  nations  and  the  respective 
treaties  between  His  Majesty  and  the  different  neutral  powers, 
will  be  adopted  and  executed  with  respect  to  vessels  attempting 
to  violate  the  said  blockade  after  this  notice 

The  undersigned  requests  Mr.  Monroe,  etc. 

C.  J.  Fox. 

B.  The  Berlin  Decree.  November  21,  1806.  Corres- 
dondance  de  Napoleon  I,  XIII,  551-557.  Translation,  James 
Harvey  Robinson,  University  of  Pennsylvania  Translations  and 
Reprints. 

From  our  Imperial  Camp  at  Berlin,  November  21,  1806. 

Napoleon,  Emperor  of  the  French  and  King  of  Italy,  in 
■consideration  of  the  fact : 

1.  That  England  does  not  recognize  the  system  of  inter- 
national law  universally  observed  by  all  civilized  nations. 

2.  That  she  regards  as  an  enemy  every  individual  belong- 
ing to  the  enemy’s  state,  and  consequently  makes  prisoners  of 
war  not  only  of  the  crews  of  armed  ships  of  war  but  of  the 
crews  of  ships  of  commerce  and  merchantmen,  and  even  of 
commercial  agents  and  of  merchants  traveling  on  business. 

3.  That  she  extends  to  the  vessels  and  commercial  wares 
ar.d  to  the  property  of  individuals  the  right  of  conquest,  which 
is  applicable  only  to  the  possessions  of  the  belligerent  power. 

4.  That  she  extends  to  unfortified  towns  and  commercial 
ports,  to  harbors  and  the  mouths  of  rivers,  the  right  of 
blockade,  which,  in  accordance  with  reason  and  the  customs 
of  all  civilized  nations,  is  applicable  only  to  strong  places. 
That  she  declares  places  in  a state  of  blockade  before  which 
she  has  not  even  a single  ship  of  war,  although  a place  may 
not  be  blockaded  except  it  be  so  completely  guarded  that  no 


13 


386 


THE  CONTINENTAL  SYSTEM 


attempt  to  approach  it  can  be  made  without  imminent  danger. 
That  she  has  declared  districts  in  a state  of  blockade  which 
all  her  united  forces  would  be  unable  to  blockade,  such  as  entire 
coasts  and  the  whole  of  an  empire. 

5.  That  this  monstrous  abuse  of  the  right  of  blockade 
has  no  other  aim  than  to  prevent  communication  among  the 
nations  and  to  raise  the  commerce  and  the  industry  of  England 
upon  the  ruins  of  that  of  the  continent. 

6.  That,  since  this  is  the  obvious  aim  of  England,  whoever 
deals  on  the  continent  in  English  goods,  thereby  favors  and 
renders  himself  an  accomplice  of  her  designs. 

7.  That  this  policy  of  England,  worthy  of  the  earliest 
stages  of  barbarism,  has  profited  that  power  to  the  detriment 
of  every  other  nation. 

8.  That  it  is  a natural  right  to  oppose  such  arms  against 
an  enemy  as  he  makes  use  of,  and  to  fight  in  the  same  way 
that  he  fights.  Since  England  has  disregarded  all  ideas  of 
justice  and  every  high  sentiment,  due  to  the  civilization  among 
mankind,  we  have  resolved  to  apply  to  her  the  usages  which 
she  has  ratified  in  her  maritime  legislation. 

The  provisions  of  the  present  decree  shall  continue  to  be 
looked  upon  as  embodying  the  fundamental  principles  of  the 
Empire  until  England  shall  recognize  that  the  law  of  war  is 
one  and  the  same  on  land  and  sea,  and  that  the  rights  of  war 
cannot  be  extended  so  as  to  include  private  property  of  any 
kind  or  the  persons  of  individuals  unconnected  with  the  pro- 
fession of  arms,  and  that  the  right  of  blockade  should  be 
restricted  to  fortified  places  actually  invested  by  sufficient 
forces. 

We  have  consequently  decreed  and  do  decree  that  which 
follows : 

1.  The  British  Isles  are  declared  to  be  in  a state  of  block- 
ade. 

2.  All  commerce  and  all  correspondence  with  the  British 
Isles  are  forbidden.  Consequently  letters  or  packages  directed 
to  England  or  to  an  Englishman  or  written  in  the  English 
language  shall  not  pass  through  the  mails  and  shall  be  seized. 

3.  Every  individual  who  is  an  English  subject,  of  what- 
ever state  or  condition  he  may  be,  who  shall  be  discovered 


THE  CONTINENTAL  SYSTEM 


387 


in  any  country  occupied  by  our  troops  or  by  those  of  our  allies, 
shall  be  made  a prisoner  of  war. 

4.  All  warehouses,  merchandise  or  property  of  whatever 
kind  belonging  to  a subject  of  England  shall  be  regarded 
as  a lawful  prize. 

5-  Trade  in  English  goods  is  prohibited,  and  all  goods 
belonging  to  England  or  coming  from  her  factories  or  her 
colonies  are  declared  a lawful  prize. 

6.  Half  of  the  product  resulting  from  the  confiscation 
of  the  goods  and  possessions  declared  a lawful  prize  by  the 
preceding  articles  shall  be  applied  to  indemnify  the  merchants 
for  the  losses  they  have  experienced  by  the  capture  of  mer- 
chant vessels  taken  by  English  cruisers. 

7.  No  vessel  coming  directly  from  England  or  from  the 
English  colonies'  or  which  shall  have  visited  these  since  the 
publication  of  the  present  decree  shall  be  received  in  any  port. 

8.  Any  vessel  contravening  the  above  provision  by  a 
false  declaration  shall  be  seized,  and  the  vessel  and  cargo 
shall  be  confiscated  as  if  it  were  English  property. 

9.  Our  Court  of  Prizes  at  Paris  shall  pronounce  final 
judgment  in  all  cases  arising  in  our  Empire  or  in  the 
countries  occupied  by  the  French  Army  relating  to  the  exe- 
cution of  the  present  decree.  Our  Court  of  Prizes  at  Milan 
shall  pronounce  final  judgment  in  the  said  cases  which  may 
arise  within  our  Kingdom  of  Italy. 

10.  The  present  decree  shall  be  communicated  by 
our  minister  of  foreign  affairs  to  the  King  of  Spain,  of  Naples, 
of  Holland  and  of  Etruria,  and  to  our  other  allies  whose  sub- 
jects, like  ours,  are  the  victims  of  the  unjust  and  barbarous 
maritime  legislation  of  England. 

11.  Our  ministers  of  foreign  affairs,  of  war,  of  the 
navy,  of  finance  and  of  the  police  and  our  Directors-General 
of  the  port  are  charged  with  the  execution  of  the  present 
decree  so  far  as  it  effects  them. 

Signed,  Napoleon. 

C.  British  Order  in  Council.  January  10,  1807.  American 
State  Papers,  Foreign  Relations,  III,  5. 

Note  communicated  by  Lord  Howick  to  Mr.  Monroe,  dated 


THE  CONTINENTAL  SYSTEM 


Downing  Street,  January  io,  1807. 

The  undersigned,  His  Majestj^’s  principal  Secretary  of 
State  of  Foreign  Affairs,  has  received  His  Majesty’s  com- 
mands to  acquaint  Mr.  Monroe  that  the  French  Government 
having  issued  certain  orders,  which,  in  violation  of  the  usages 
oi"  war,  purport  to  prohibit  the  commerce  of  all  neutral  na- 
tions with  His  Majesty’s  dominions,  and  also  to  prevent  such 
nations  from  trading  with  any  other  country  in  any  articles, 
the  growth,  produce,  or  manufacture  of  His  Majesty’s  domin- 
ions. And  the  said  Government  having  also  taken  upon 
itself  to  declare  all  His  Majesty’s  dominions  to  be  in  a 

state  of  blockade,  at  a time  when  the  fleets  of  France  and 
her  allies  are  themselves  confined  within  their  own  ports 

by  the  superior  valor  and  discipline  of  the  British  navy. 

Such  attempts,  on  the  part  of  the  enemy,  giving  to  His  Maj- 
esty an  unquestionable  right  of  retaliation,  and  warranting 
His  Majesty  in  enforcing  the  same  prohibition  of  all  com- 
merce with  France,  which  that  Power  vainly  hopes  to  effect 

against  the  commerce  of  His  Majesty’s  subjects,  a prohibition 
which  the  superiority  of  His  Majesty’s  naval  forces  might  en- 
able him  to  support,  by  actually  investing  the  ports  and  coasts 
of  the  enemy  with  numerous  squadrons  and  cruisers,  so  as  to 
make  the  entrance  or  approach  thereto  manifestly  dangerous. 

His  Majesty,  though  unwilling  to  follow  the  example  of 
his  enemies  by  proceeding  to  an  extremity  so  distressing  to 
all  nations  not  engaged  in  the  war,  and  carrying  on  their  ac- 
customed trade,  yet  feels  himself  bound,  by  a due  regard  to  the 
just  defence  of  the  rights  and  interests  of  his  people,  not  to 
suffer  such  measures  to  be  taken  by  the  enemy,  without  tak- 
ing some  steps,  on  his  part,  to  restrain  this  violence,  and  to 
retort  upon  them  the  evils  of  their  own  injustice.  Mr.  Monroe 
is,  therefore,  requested  to  apprise  the  American  consuls  and 
merchants  residing  in  England,  that  His  Majesty  has,  there- 
fore, judged  it  expedient  to  order  that  no  vessel  shall  be  per- 
mitted to  trade  from  one  port  to  another,  both  which  ports 
shall  belong  to,  or  be  in  the  possession  of,  France  or  her  allies, 
or  shall  be  so  far  under  their  control  as  that  British  vessels 
may  not  freely  trade  thereat;  and  that  the  commanders  of 
His  Majesty’s  ships  of  war  and  privateers  have  been  instructed 
to  warn  every  neutral  vessel  coming  from  any  such  port,  and 


THE  CONTINENTAL  SYSTEM 


389 


destined  to  another  port,  to  discontinue  her  voyage,  and  not 
to  proceed  to  any  such  port ; and  every  vessel  after  being  so 
warned,  or  any  vessel  coming  from  any  such  port,  after  a 
reasonable  time  shall  have  been  afforded  for  receiving  infor- 
mation of  this  His  Majesty’s  order,  which  shall  be  found 
proceeding  to  another  such  port,  shall  be  captured  and  brought 
in,  and,  together  with  her  cargo,  shall  be  condemned  as  law- 
ful prize.  And  that,  from  this  time,  all  the  measures  author- 
ised by  the  law  of  nations,  and  the  respective  treaties  between 
His  Majesty  and  the  different  neutral  Powers,  will  be  adopted 
and  executed  with  respect  to  vessels  attempting  to  violate  the 
said  order  after  this  notice.  Howicic. 

D.  British  Order  in  Council.  November  11,  1807.  Ameri- 
can State  Papers,  Foreign  Relations,  III,  269-270. 

At  the  Court  at  the  Queen’s  Palace,  the  nth  of  November, 
1807:  Present,  the  King’s  Most  Excellent 
Majesty  in  Council. 

Whereas  certain  orders  establishing  an  unprecedented  sys- 
tem of  warfare  against  this  kingdom,  and  aimed  especially  at 
the  destruction  of  its  commerce  and  resources,  were  some  time 
since  issued  by  the  Government  of  France,  by  which  “the  Brit- 
ish islands  were  declared  to  be  in  a state  of  blockade,”  thereby 
subjecting  to  capture  and  condemnation  all  vessels,  with  their 
cargoes,  which  should  continue  to  trade  with  His  Majesty’s 
dominions : 

And,  whereas,  by  the  same  order,  “all  trading  in  English 
merchandise  is  prohibited,  and  every  article  of  merchandise 
belonging  to  England,  or  coming  from  her  colonies,  or  of  her 
manufacture,  is  declared  lawful  prize 

And,  whereas,  the  nations  in  alliance  with  France,  and 
under  her  control,  were  required  to  give,  and  have  given,  and 
do  give,  effect  to  such  orders : 

And,  whereas,  Flis  Majesty’s  order  of  the  7th  of  January 
last  has  not  answered  the  desired  purpose,  either  of  compelling 
the  enemy  to  recall  those  orders,  or  of  inducing  neutral  nations 
to  interpose,  with  effect,  to  obtain  their  revocation,  but  on  the 
contrary,  the  same  have  been  recently  enforced  with  increased 
rigor : 

And,  whereas,  His  Majesty,  under  these  circumstances,  finds 


390 


THE  CONTINENTAL  SYSTEM 


himself  compelled  to  take  further  measures  lor  asserting  and 
vindicating  his  just  rights,  and  for  supporting  that  maritime 
power  which  the  exertions  and  valor  of  his  people  have,  under 
the  blessings  of  Providence,  enabled  him  to  establish  and 
maintain ; and  the  maintenance  of  which  is  not  more  essential 
to  the  safety  and  prosperity  of  His  Majesty’s  dominions,  than 
it  is  to  the  protection  of  such  states  as  still  retain  their  inde- 
pendence, and  to  the  general  intercourse  and  happiness  of 
mankind  : 

His  Majesty  is  therefore  pleased,  by  and  with  the  advice  of 
his  privy  council,  to  order,  and  it  is  hereby  ordered,  that  all 
the  ports  and  places  of  France  and  her  allies,  or  of  any  other 
country  at  war, with  His  Majesty,  and  all  other  ports  or  places 
in  Europe,  from  which,  although  not  at  war  with  His  Majesty, 
the  British  flag  is  excluded,  and  all  ports  or  places  in  the  col- 
onies belonging  to  His  Majesty's  enemies,  shall,  from  hence- 
forth, be  subject  to  the  same  restrictions  in  point  of  trade 
and  navigation,  with  the  exceptions  hereinafter  mentioned, 
as  if  the  same  were  actually  blockaded  by  His  Majesty’s  naval 
forces,  in  the  most  strict  and  rigorous  manner : And  it  is  hereby 
further  ordered  and  declared,  that  all  trade  in  articles  which 
are  of  the  produce  or  manufacture  of  the  said  countries  or 
colonies  shall  be  deemed  and  considered  to  be  unlawful;  and 
that  every  vessel  trading  from  or  to  the  said  countries  or 
colonies,  together  with  all  goods  and  merchandise  on  board 
and  all  articles  of  the  produce  or  manufacture  of  the  said 
countries  or  colonies,  shall  be  captured  and  condemned  as 
a prize  to  the  captors. 

But,  although  His  Majesty  would  be  fully  justified  by  the 
circumstances  and  considerations  above  recited,  in  establishing 
such  system  of  restrictions  with  respect  to  all  the  countries  and 
colonies  of  his  enemies,  without  exception  or  qualification,  yet 
His  Majesty  being,  nevertheless,  desirous  not  to  subject  neu- 
trals to  any  greater  inconvenience  than  is  absolutely  insepar- 
able from  the  carrying  into  effect  His  Majesty’s  just  determin- 
ation to  counteract  the  designs  of  his  enemies,  and  to  retort 
upon  his  enemies  themselves  the  consequences  of  their  own 
violence  and  injustice;  and  being  yet  willing  to  hope  that  it 
may  be  possible  (consistently  with  that  object)  still  to  allow 
to  neutrals  the  opportunity  of  furnishing  themselves  with  col- 


THE  CONTINENTAL  SYSTEM 


391 


onial  produce  for  their  own  consumption  and  supply,  and 
even  to  leave  open,  for  the  present,  such  trade  with  His  Maj- 
esty's enemies  as  shall  be  carried  on  directly  with  the  ports 
of  His  Majesty’s  dominions,  or  of  his  allies,  in  the  manner 
hereinafter  mentioned : 

His  Majesty  is,  therefore,  pleased  further  to  order  and  it  is 
hereby  ordered,  that  nothing  herein  contained  shall  extend  to 
subject  to  capture  or  condemnation  any  'vessel,  or  the  cargo 
of  any  vessel,  belonging  to  any  country  not  declared  by  this 
order  to  be  subjected  to  the  restrictions  incident  to  a state  of 
blockade,  which  shall  have  cleared  out  with  such  cargo  from 
some  port  or  place  of  the  country  to  which  she  belongs,  either 
in  Europe  or  America,  or  from  some  free  port  in  His  Majesty’s 
colonies,  under  circumstances  in  which  such  trade,  from  such 
free  ports,  is  permitted,  direct  to  some  port  or  place  in  the 
colonies  of  His  Majesty’s  enemies,  or  from  those  colonies  direct 
to  the  country  to  which  such  vessel  belongs,  or  to  some  free 
port  in  His  Majesty’s  colonies,  in  such  cases,  and  with  such 
articles,  as  it  may  be  lawful  to  import  into  such  free  port ; nor 
to  any  vessel,  or  the  cargo  of  any  vessel,  belonging  to  any 
country  not' at  war  with  His  Majesty,  which  shall  have  cleared 
out  under  such  regulations  as  His  Majesty  may  think  fit  to 
prescribe,  and  shall  be  proceeding  direct  from  some  port  or 
place  in  this  kingdom,  or  from  Gibraltar,  or  Malta,  or  from  any 
port  belonging  to  His  Majesty’s  allies,  to  the  port  specified  in 
her  clearance ; nor  to  any  vessel,  or  the  cargo  of  any  vessel, 
belonging  to  any  country  not  at  war  with  His  Majesty,  which 
shall  be  coming  from  any  port  or  place  in  Europe  which  is  de- 
clared by  this  order  to  be  subject  to  the  restrictions  incident 
to  a state  of  blockade,  destined  to  some  port  or  place  in  Europe 
belonging  to  His  Majesty,  and  which  shall  be  on  her  voyage 
direct  thereto ; but  these  exceptions  are  not  to  be  understood 
as  exempting  from  capture  or  confiscation  any  vessel  or  goods 
which  shall  be  liable  thereto  in  respect  to  having  entered  or 
departed  from  any  port  or  place  actually  blockaded  by  His 
Majesty’s  squadrons  or  ships  of  war,  or  for  being  enemy’s 
property,  or  for  any  other  cause  than  the  contravention  of  his 
present  order. 

And  the  commanders  of  His  Majesty’s  ships  of  war  and 
privateers,  and  other  vessels  acting  under  His  Majesty’s  com- 


392 


THE  CONTINENTAL  SYSTEM 


mission,  shall  be,  and  are  hereby,  instructed  to  warn  every 
vessel  which  shall  have  commenced  her  voyage  prior  to  any 
notice  of  this  order,  and  shall  be  destined  to  any  port  of 
France  or  of  her  allies  or  of  any  other  country  at  war  with 
His  Majesty  or  any  port  or  place  from  which  the  British  flag, 
as  aforesaid,  is  excluded,  or  to  any  colony  belonging  to  His 
Majesty’s  enemies,  and  which  shall  not  have  cleared  out  as  is 
hereinbefore  allowed,  to  discontinue  her  voyage,  and  to  pro- 
ceed to  some  port  or  place  in  this  kingdom,  or  to  Gibraltar,  or 
Malta ; and  any  vessel  which,  after  having  been  so  warned  or 
after  a reasonable  time  shall  have  been  afforded  for  the  arrival 
of  information  of  this  His  Majesty’s  order  at  any  port  or  place 
from  which  she  sailed,  or  which,  after  having  notice  of  this 
order,  shall  be  found  in  the  prosecution  of  any  voyage  contrary 
to  the  restrictions  contained  in  this  order,  shall  be  captured, 
and,  together  with  her  cargo,  condemned  as  lawful  prize  to 
the  captors. 

And,  whereas,  countries  not  engaged  in  the  war  have  acqui- 
esced in  these  orders  of  France,  prohibiting  all  trade  in  any 
articles  the  produce  or  manufacture  of  His  Majesty’s  domin- 
ions; and  the  merchants  of  those  countries  have  given  counten- 
ance and  effect  to  those  prohibitions  by  accepting  from  persons, 
styling  themselves  commercial  agents  of  the  enemy,  resident 
at  neutral  ports,  certain  documents,  termed  “certificates  of 
origin,”  being  certificates  obtained  at  the  ports  of  shipment, 
declaring  that  the  articles  of  the  cargo  are  not  of  the  produce 
or  manufacture  of  Flis  Majesty’s  dominions,  or  to  that  effect. 

And,  whereas,  this  expedient  has  been  directed  by  France, 
and  submitted  to  by  such  merchants,  as  part  of  the  new  sys- 
tem of  warfare  directed  against  the  trade  of  this  kingdom,  and 
as  the  most  effectual  instrument  of  accomplishing  the  same, 
and  it  is  therefore  essentially  necessary  to  resist  it. 

His  Majesty  is  therefore  pleased,  by  and  with  the  advice 
of  his  privy  council,  to  order,  and  it  is  hereby  ordered,  that  if 
any  vessel,  after  reasonable  time  shall  have  been  afforded  for 
receiving  notice  of  this  His  Majesty’s  order,  at  the  port  or 
place  from  which  such  vessel  shall  have  cleared  out,  shall 
be  found  carrying  any  such  certificate  or  document  as  afore- 
said, or  any  document  referring  to  or  authenticating  the  same, 
such  vessel  shall  be  adjudged  lawful  prize  to  the  captor,  to- 


THE  CONTINENTAL  SYSTEM 


393 


gether  with  the  goods  laden  therein,  belonging  to  the  person 
or  persons  by  whom,  or  on  whose  behalf,  any  such  document 
was  put  on  board. 

And  the  right  honourable  the  Lords  Commissioners  of  His 
Majesty’s  Treasury,  His  Majesty's  principal  Secretaries  of 
State,  the  Lords  Commissioners  of  the  Admirality,  and  the 
Judges  of  the  High  Court  of  Admirality,  and  Courts  of  Vice- 
Admiralty,  are  to  take  the  necessary  measures  herein  as  to 
them  shall  respectively  appertain.  W.  Fawkener. 

E.  The  Milan  Decree.  December  17,  1807.  Correspon- 
dance  de  Napoleon,  I,  XVI,  192-193.  Translation,  James 
Harvey  Robinson,  University  of  Pennsylvania  Translations 
and  Reprints. 

At  Our  Royal  Palace  at  Milan,  December  iy,  i8oy. 

Napoleon,  Emperor  of  the  French,  King  of  Italy,  Protector 
of  the  Confederation,  of  the  Rhine.  In  view  of  the  measures 
adopted  by  the  British  government  on  the  nth  of  November 
last  by  which  vessels  belonging  to  powers  w'hich  are  neutral 
or  are  friendly  and  even  allied  with  England  are  rendered 
liable  to  be  searched  by  British  cruisers,  detained  at  certain 
stations  in  England,  and  subject  to  an  arbitrary  tax  of  a cer- 
tain per  cent,  upon  their  cargo  to  be  regulated  by  English 
legislation. 

Considering  that  by  these  acts  the  English  government  has 
denationalized  the  vessels  of  all  the  nations  of  Europe,  and 
that  no  government  may  compromise  in  any  degree  its  inde- 
pendence or  its  rights — all  the  rulers  of  Europe  being  jointly 
responsible  for  the  sovereignty  and  independence  of  their  flags, 
— and  that,  if  through  unpardonable  weakness  which  would  be 
regarded  by  posterity  as  an  indelible  stain,  such  tyranny  should 
be  admitted  and  become  consecrated  by  custom,  the  English 
would  take  steps  to  give  it  the  force  of  law,  as  they  have 
already  taken  advantage  of  the  toleration  of  the  governments 
to  establish  the  infamous  principle  that  the  flag  does  not  cover 
the  goods  and  to  give  the  right  of  blockade  an  arbitrary  ex- 
tension which  threatens  the  sovereignty  of  every  state : We  have 
decreed  and  do  decree  as  follows : 

1.  Every  vessel  of  whatever  nationality  which  shall  sub- 
mit to  be  searched  by  an  English  vessel  or  shall  consent  to  a 


394 


THE  CONTINENTAL  SYSTEM 


voyage  to  England,  or  shall  pay  any  tax  whatever  to  the  Eng- 
lish government  is  ipso  facto  declared  denationalized,  loses 
the  protection  afforded  by  its  flag  and  becomes  English 
property. 

2.  Should  such  vessels  which  are  thus  denationalized 
through  the  arbitrary  measures  of  the  English  government  • 
enter  our  ports  or  those  of  our  allies  or  fall  into  the  hands 
of  our  ships  of  war  or  of  our  privateers  they  shall  be  regarded 
as  good  and  lawful  prizes. 

3.  The  British  Isles  are  proclaimed  to  be  in  a state  of 
blockade  both  by  land  and  by  sea.  Every  vessel  of  whatever 
nation  or  whatever  may  be  its  cargo,  that  sails  from  the  ports 
of  England  or  from  those  of  the  English  colonies  or  of  coun- 
tries occupied  by  English  troops,  or  is  bound  for  England  or 
for  any  of  the  English  colonies  or  any  country  occupied  by 
English  troops,  becomes,  by  violating  the  present  decree,  a 
lawful  prize,  and  may  be  captured  by  our  ships  of  war  and 
adjudged  to  the  captor. 

4.  These  measures,  which  are  only  a just  retaliation 
against  the  barbarous  system  adopted  by  the  English  govern- 
ment, which  models  its  legislation  upon  that  of  Algiers,  shall 
cease  to  have  any  effect  in  the  case  of  those  nations  which  shall 
force  the  English  to  respect  their  flags.  They  shall  continue 
in  force  so  long  as  that  government  shall  refuse  to  accept  the 
principles  of  international  law  which  regulate  the  relations  of 
civilized  states  in  a state  of  war.  The  provisions  of  the  pres- 
ent decree  shall  be  ipso  facto  abrogated  and  void  so  soon  as 
the  English  government  shall  abide  again  by  the  principles 
of  the  law  of  nations,  which  are  at  the  same  time  those 
of  justice  and  honor. 

5.  All  our  ministers  are  charged  with  the  execution  of  the 
present  decree,  which  shall  be  printed  in  the  Bulletin  des  lois. 

F.  British  Order  in  Council,  April  26,  1809.  American 
State  Papers,  Foreign  Relations,  III,  241. 

At  the  Court  at  the  Queen’s  Palace,  the  26th  of  April, 
1809;  Present,  the  King’s  Most  Excellent  Majesty  in  council. 

Whereas,  His  Majesty,  by  his  order  in  council  of  the  nth 
of  November,  1807,  was  pleased,  for  the  reasons  assigned 
therein,  to  order  that  “all  the  ports  and  places  of  France  and 


THE  CONTINENTAL  SYSTEM 


395 


her  allies,  or  of  any  other  country  at  war  with  His  Majesty, 
and  all  other  ports  or  places  in  Europe,  from  which,  although 
not  at  war  with  His  Majesty,  the  British  flag  is  excluded,  and 
all  ports  or  places  in  the  colonies  belonging  to  His  Majesty’s 
enemies,  should  from  henceforth  be  subject  to  the  same  re- 
strictions in  point  of  trade  or  navigation  as  if  the  same  were 
actually  blockaded  in  the  most  strict  and  vigorous  manner;’’ 
and  also  to  prohibit  “all  trade  in  articles  which  are  the  pro- 
duce or  manufacture  of  the  said  countries  or  colonies and 
whereas,  His  Majesty,  having  been  nevertheless  desirous  not  to 
subject  those  countries  which  were  in  alliance  or  amity  with 
His  Majesty  to  any  greater  inconvenience  than  was  absolutely 
inseparable  from  carrying  into  effecf  His  Majesty’s  just  de- 
termination to  counteract  the  designs  of  his  enemies,  did 
make  certain  exceptions  and  modifications  expressed  in  the 
said  order  of  the  nth  of  November,  and  in  certain  subsequent 
orders  of  the  25th  of  November,  declaratory  of  the  aforesaid 
order  of  the  nth  of  November  and  of  the  18th  of  December, 
1807,  and  of  the  30th  of  March,  1808 ; 

And  whereas,  in  consequence  of  diverse  events  which  have 
taken  place  since  the  date  of  the  first-mentioned  order,  affecting 
the  relations  between  Great  Britain  and  the  territories  of  other 
Powers,  it  is  expedient  that  sundry  parts  and  provisions  of  the 
said  orders  should  be  ordered  or  revoked ; 

His  Majesty  is  therefore  pleased,  by  and  with  the  advice 
of  his  privy  council,  to  revoke  and  annul  the  said  several  or- 
ders, except  as  hereinafter  expressed ; and  so  much  of  the 
said  orders,  except  as  aforesaid,  is  hereby  revoked  accordingly. 
And  His  Majesty  is  pleased,  by  and  with  the,  advice  of  his 
privy  council,  to  order,  and  it  is  hereby  ordered,  that  all 
the  ports  and  places  as  far  north  ais  the  river  Em's,  in- 
clusively, under  the  government  styling  itself  the  Kingdom  of 
Holland,  and  all  ports  and  places  under  the  Government  of 
France,  together  with  the  colonies,  plantations,  and  settle- 
ments in  the  possession  of  those  Governments,  respectively, 
and  all  ports  and  places  in  the  northern  parts  of  Italy,  to1  be 
reckoned  from  the  ports  of  Orbitello  and  Pesaro,  inclusively, 
shall  continue,  and  be  subject  to  the  same  restrictions,  in 
point  of  trade  and  navigation,  without  any  exception,  as 
if  the  same  were  actually  blockaded  by  His  Majesty’s  naval 


396 


THE  CONTINENTAL  SYSTEM 


forces  in  the  most  strict  and  rigorous  manner;  and  that 
every  vessel  trading  from  and  to  the  said  countries  or  col- 
onies, plantations  or  settlements,  together  with  all  goods 
and  merchandise  on  board,  shall  be  condemned  as  prize  to  the 
captors. 

And  His  Majesty  is  further  pleased  to  order,  and  it  is 
hereby  ordered,  that  this  order  shall  have  effect  from  the  day 
of  the  date  thereof  with  respect  to  any  ship,  together  with  its 
cargo,  which  may  be  captured  subsequent  to  such  day,  on  any 
voyage  which  is  and  shall  be  rendered  legal  by  this  order,  al- 
though such  voyage,  at  the  time  of  the  commencement  of  the 
same,  was  unlawful,  and  prohibited  under  the  said  former 
orders;  and  such  ships,  upon  being  brought  in,  shall  be  re- 
leased accordingly ; and  with  respect  to  all  ships,  together  with 
their  cargoes,  which  may  be  captured  in  any  voyage  which 
was  permitted  under  the  exceptions  of  the  orders  above  men- 
tioned, but  which  is  not  permitted  according  to  the  provisions 
of  this  order,  His  Majesty  is  pleased  to  order,  .and  it  is  here- 
by ordered  that  such  ships  and  their  cargoes  shall  not  be 
liable  to  condemnation,  unless  they  shall  have  received  ac- 
tual notice  of  the  present  order,  as  were  allowed  for  construc- 
tive notice  in  the  orders  of  the  25th  of  November,  1807,  and 
the  18th  of  May,  1808,  at  the  several  places  and  latitudes 
therein  specified. 

And  the  right  honorable  the  Lords  Commissioners  of  His 
Majesty’s  Treasury,  His  Majesty’s  principal  Secretary  of  State, 
the  Lords  Commissioners  of  the  Admiralty,  and  the  Judge  of 
the  High  Court  of  Admiralty,  and  Judges  of  the  Courts  of 
Vice-admiralty,  are  to  give  the  necessary  directions  herein  as 
to  them  may  respectively  appertain. 

Stephen  Cottrell. 

G.  The  Rambouillet  Decree.  March  23,  1810,  Duvergier, 
Lois,  XVII,  59- 

Napoleon  . . . considering  that  the  Government  of 

the  United  States,  by  an  act  dated  March  1,  1809,  which  forbids 
the  entrance  of  the  ports,  harbors  and  rivers  of  the  said  States 
to  all  French  vessels,  orders : 

1st.  That,  dating  from  the  20th  of  May  following,  the  ves- 
sels under  the  French  flag  which  shall  arrive  in  the  United 


CONFEDERATION  OF  THE  RHINE 


397 


States  shall  be  seized  and  confiscated,  as  well  as  their  car- 
goes ; 

2d.  That,  after  the  same  date,  no  merchandise  and  pro- 
ductions coming  from  the  soil  or  manufactures  of  France  or 
of  its  colonies  can  be  imported  into  the  said  United  States, 
from  any  port  or  foreign  place  whatsoever,  under  penalty  of 
seizure,  confiscation  and  fine  of  three  times  the  value  of  the 
merchandise ; 

3d.  That  American  vessels  cannot  repair  to  any  port  of 
France,  its  colonies  or  dependencies; 

We  have  decreed  and  do  decree  as  follows : 

1.  That  all  vessels  navigating  under  the  flag  of  the  United 
States,  or  possessed  in  whole  or  in  part  by  any  citizen  or  sub- 
ject of  that  Power,  which,  dating  from  May  20,  1809,  may  have 
entered  or  shall  enter  into  the  ports  of  our  Empire,  our  colon- 
ies or  the  countries  occupied  by  our  armies,  shall  be  seized, 
and  the  products  of  the  sales  shall  be  deposited  in  the  surplus 
fund. 

Vessels  which  may  be  charged  with  despatches  or  commis- 
sions of  Government  of  the  said  States  and  which  have  not 
cargo  or  merchandise  on  board  are  excepted  from  this  pro- 
vision. 

2.  Our  grand  judge,  minister  of  justice,  and  our  minister 
of  finance,  are  charged  with  the  execution  of  the  present  de- 
cree. 


78.  Documents  upon  the  Confederation  of  the  Rhine. 

The  destruction  of  the  Holy  Roman  Empire,  begun  in  the  trea- 
ties of  Basel  and  Campo  Formio  (Nos.  48  and  55),  was  finally 
completed  by  the  organization  of  the  Confederation  of  the  Rhine. 
The  most  important  feature  of  document  A is  the  relationship 
which  it  creates  between  France  and  each  of  the  confederated 
states.  By  subsequent  acts  of  accession  nearly  all  the  German 
states,  except  Austria  and  Prussia,  became  members.  In  the 
other  documents  the  important  features  are  the  explanations  for 
the  action  that  is  taken. 

Refebences.  Fyffe,  Modern  Europe,  I,  303-306  (Popular  ed., 
204-260)  ; Fournier,  Napoleon , 335-340 ; Rose,  Napoleon,  II, 

69-72  ; Sloane,  Napoleon,  II,  259-262  ; Lavisse  and  Rambaud,  His- 
toire  Generale,  IX,  503-505. 

Maps.  Droysen,  Historischer  Hand-Atlas,  48-49  ; Lane-Poole, 
Historical  Atlas  of  Modern  Europe,  12. 


398 


CONFEDERATION  OF  THE  RHINE 


A.  Treaty  for  Establishing  the  Confederation.  July  12, 
1806.  De  Clercq,  Traites,  II,  171-179. 

His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
of  the  one  part,  and  of  the  other  part  their  Majesties  the 
Kings  of  Bavaria  and  of  Wurtemburg  and  Their  Serene  High 
nesses  the  Electors,  the  Archchancellor  of  Baden,  the  Duke  of 
Berg  and  of  Cleves,  the  Landgrave  of  Hesse-Darmstadt, 
the  Princes  of  Nassau-Usingen  and  Nassau-Weilburg,  the 
Princes  of  Hohenzollern-Heckingen  and  Hohenzollern-Sig- 
maringen,  the  Princes  of  Salm-Salm  and  Salm-Kirburg,  the 
Prince  of  Isneburg-Birstein,  the  Duke  of  Aremberg  and  the 
Prince  of  Lichenstein,  and  the  Count  of  Leyen,  wishing,  by 
suitable  stipulations,  to  assure  the  internal  peace  of  the  south 
of  Germany,  for  which  experience  for  a long  time  past  and 
quite  recently  still  more  has  shown  that  the  Germanic  Con- 
stitution can  no  longer  offer  any  sort  of  guarantee. 

1.  The  States  of  . . . [names  of  the  parties  of  the  sec- 

ond part]  shall  be  forever  separated  from  the  territory  of 
the  Germanic  Empire  and  united  among  themselves  by  a sep- 
arate Confederation,  under  the  name  of  the  Confederated 
States  of  the  Rhine. 

3.  Each  of  the  Kings  and  Confederated  Princes  shall  re- 
nounce those  of  his  titles  which  express  any  relations  with 
the  Germanic  Empire ; and  on  the  1st  of  August  next  he 
shall  cause  the  Diet  to  be  notified  of  his  separation  from  the 
Empire. 

4.  His  Serene  Highness  the  Archchancellor  shall  take 
the  titles  of  Prince  Primate  and  Most  Eminent  Highness. 
The  title  of  Prince  Primate  does  not  carry  with  it  any  pre- 
rogative contrary  to  the  plenitude  of  sovereignty  which  each 
of  the  Confederates  shall  enjoy. 

6.  The  common  interests  of  the  Confederated  States  shall 
be  dealt  with  in  a Diet,  of  which  the  seat  shall  be  at  Frank- 
fort, and  which  shall  be  divided  into  two  Colleges,  to  wit : 
the  College  of  Kings  and  the  College  of  Princes. 

12.  His  Majesty  the  Emperor  of  the  French  shall  be  pro- 


COIN  FEDERATION  OF  THE  RHINE 


399 


claimed  Protector  of  the  Confederation,  and  in  that  capacity, 
apon  the  decease  of  each  Prince  Primate,  he  shall  appoint 
the  successor  of  that  one. 

35.  There  shall  be  between  the  French  Empire  and  the 
Confederated  States  of  the  Rhine,  collectively  and  separately, 
an  alliance  in  virtue  of  which  every  continental  war  which  one 
of  the  High  Contracting  Parties  may  have  to  carry  on  shall 
immediately  become  common  to  all  the  others. 

38.  The  contingent  to  be  furnished  by  each  of  the  Allies 
in  case  of  war  is  as  follows : France  shall  furnish  200,000  men 
of  all  arms : the  Kingdom  of  Bavaria  30,000  men  of  all  arms  ; 
the  Kingdom  of  Wurtemburg  12,000;  the  Grand  Duke  of 
Baden  8,000;  the  Grand  Duke  of  Berg  5,000;  the  Grand  Duke 
of  Darmstadt  4,000 ; Their  Serene  Highnesses  the  Dukes  and 
the  Prince  of  Nassau,  together  with  the  other  Confederated 
Princes,  shall  furnish  a contingent  of  4,000  men. 

39.  The  High  Contracting  Parties  reserve  to  themselves 
the  admission  at  a later  time  into  the  new  Confederation  of 
other  Princes  and  States  of  Germany  whom  it  shall  be  found 
for  the  common  interest  to  admit  thereto. 

B.  Note  of  Napoleon  to  the  Diet.  August  1,  1806.  De 
Clercq,  Traites,  II,  183-184.  Translation,  James  Harvey  Rob- 
inson, University  of  Pennsylvania  Translations  and  Reprints. 

The  undersigned,  charge  d’affaires  of  His  Majesty  the 
Emperor  of  the  French  and  King  of  Italy  at  the  general 
Diet  of  the  German  Empire,  has  received  orders  from  His 
Majesty  to  make  the  following  declarations  to  the  diet: 

Their  Majesties  the  Kings  of  Bavaria  and  of  Wurtem- 
berg,  the  Sovereign  Princes  of  Regensburg,  Baden,  Berg, 
Hesse-Darmstadt  and  Nassau,  as  well  as  the  other  leading 
princes  of  the  south  and  west  of  Germany  have  resolved  to 
form  a confederation  between  themselves  which  shall  secure 
them  against  future  emergencies,  and  have  thus  ceased  to 
be  states  of  the  Empire. 

The  position  in  which  the  Treaty  of  Pressburg  has  ex- 
plicitly placed  the  courts  allied  to  France,  and  indirectly 


400 


CON FEDERATION  OP  THE  RHINE 


those  princes  whose  territory  they  border  or  surround,  being 
incompatible  with  the  existence  of  an  empire,  it  becomes  a 
necessity  for  those  rulers  to  reorganize  their  relations  upon 
a new  system  and  to  remove  a contradiction  which  could 
not  fail  to  be  a permanent  source  of  agitation,  disquiet  and 
danger. 

France,  on  the  other  hand,  is  directly  interested  in  the 
maintenance  of  peace  in  Southern  Germany  and  yet  must 
apprehend  that,  the  moment  she  shall  cause  her  troops  to 
recross  the  Rhine,  discord,  the  inevitable  consequence  of 
contradictory,  uncertain  and  ill-defined  conditions,  will  again 
disturb  the  peace  of  the  people  and  reopen,  possibly,  the  war 
on  the  continent.  Feeling  it  incumbent  upon  her  to  advance 
the  welfare  of  her  allies  and  to  assure  them  the  enjoyment  of 
all  the  advantages  which  the  Treaty  of  Pressburg  secures 
them  and  to  which  she  is  pledged,  France  cannot  but  regard 
the  confederation  that  they  have  formed  as  a natural  result 
and  a necessary  sequel  to  that  treaty. 

For  a long  period  successive  changes  have,  from  century 
to  century,  reduced  the  German  constitution  to  a shadow  of 
its  former  self.  Time  has  altered  all  the  relations  in  respect 
to  size  and  importance  which  originally  existed  among  the 
various  members  of  the  confederation,  both  as  regards  each 
other  and  the  whole  of  which  they  have  formed  a part. 

The  Diet  has  no  longer  a will  of  its  own.  The  sentences 
of  the  superior  courts  can  no  longer  be  executed.  Everything 
indicates  such  serious  weakness  that  the  federal  bond 
no  longer  offers  any  protection  whatever  and  only  constitutes 
a source  of  dissension  and  discord  between  the  powers.  The 
results  of  three  coalitions  have  increased  this  weakness  to 
the  last  degree.  An  electorate  has  been  suppressed  by  the 
annexation  of  Hanover  to  Prussia.  A king  in  the  north 
has  incorporated  with  his  other  lands  a province  of  the  Em- 
pire. The  Treaty  of  Pressburg  assures  complete  sovereignty 
to  their  majesties  the  Kings  of  Bavaria  and  of  Wurtemberg 
and  to  His  Highness  the  Elector  of  Baden.  This  is  a pre- 
rogative which  the  other  electors  will  doubtless  demand,  and 
which  they  are  justified  in  demanding;  but  this  is  in  harmony 
neither  with  the  letter  nor  the  spirit  of  the , constitution  of 
the  Empire. 


CONFEDERATION  OF  THE  RHINE 


401 


His  Majesty  the  Emperor  and  King  is,  therefore,  compelled 
to  declare  that  he  can  no  longer  acknowledge  the  existence 
of  the  German  Constitution,  recognizing,  however,  the  entire 
and  absolute  sovereignty  of  each  of  the  princes  whose  states 
compose  Germany  to-day,  maintaining  with  them  the  same 
relations  as  with  the  other  independent  powers  of  Europe. 

His  Majesty  the  Emperor  and  King  has  accepted  the  title 
of  Protector  of  the  Confederation  of  the  Rhine.  He  has  done 
this  with  a view  only  to  peace,  and  in  order  that  by  his 
constant  mediation  between  the  weak  and  the  powerful  he 
may  obviate  every  species  of  dissension  and  disorder. 

Having  thus  provided  for  the  dearest  interests  of  his  peo- 
ple and  of  his  neighbors,  and  having  assured,  so  far  as  in  him 
lay,  the  future  peace  of  Europe  and  that  of  Germany  in  par- 
ticular, heretofore  constantly  the  theatre  of  war,  by  remov- 
ing a contradiction  which  placed  people  and  princes  alike 
under  the  delusive  protection  of  a system  contrary  both  to 
their  political  interests  and  to  their  treaties,  His  Majesty 
the  Emperor  and  King  trusts  that  the  nations  of  Europe 
will  at  last  close  their  ears  to  the  insinuations  of  those  who 
would  maintain  an  eternal  war  upon  the  continent.  He 
trusts  that  the  French  armies  which  have  crossed  the  Rhine 
have  done  so  for  the  last  time,  and  that  the  people  of  Ger- 
many will  no  longer  witness,  except  in  the  annals  of  the  past, 
the  horrible  pictures  of  disorder,  devastation  and  slaughter 
which  war  invariably  brings  with  it. 

His  Majesty  declared  that  he  would  never  extend  the 
limits  of  France  beyond  the  Rhine,  and  he  has  been  faithful 
to  his  promise.  At  present  his  sole  desire  is  so  to  employ 
the  means  which  Providence  has  confided  to  him  as  to  free 
the  seas,  restore  the  liberty  of  commerce  and  thus  assure 
the  peace  and  happiness  of  the  world.  Bacher. 

Regensburg,  August  1,  1806. 

C.  Declaration  of  the  Confederated  States.  August  1, 
1806.  De  Clercq,  Traites,  II,  185-186. 

The  undersigned,  Ministers  Plenipotentiary  to  the  Gen- 
eral Diet  of  the  Germanic  Empire,  have  received  orders  to 
communicate  to  Your  Excellencies,  in  the  name  of  their  most 
high  Principals,  the  following  declaration : 


402 


CONFEDERATION  OF  THE  RHINE 


The  events  of  the  last  three  wars  which  almost  without 
interruption  have  disturbed  the  repose  of  Germany,  and  the 
political  changes  which  have  resulted  therefrom,  have  put  in 
broad  daylight  the  sad  truth  that  the  bond  which  ought 
to  unite  the  different  Members  of  the  Germanic  Body  is  no 
longer  sufficient  for  that  purpose,  or  rather  that  it  is  already 
broken  in  fact ; the  feeling  of  this  truth  has  been  already  a 
long  time  in  the  hearts  of  all  Germans ; and  however  painful 
may  have  been  the  experience  of  latter  years,  it  has  in  reality 
served  only  to  put  beyond  doubt  the  senility  of  a constitution 
respectable  in  its  origin,  but  become  defective  through  the  in- 
stability inherent  in  all  human  institutions.  Doubtless  it  is 
to  that  instability  alone  that  the  scission  which  was  effected 
in  the  Empire  in'  1795  must  be  attributed,  and  which  had  for 
result  the  separation  of  the  interests  of  the  North  from  those 
of  the  South  of  Germany.  From  that  moment  all  idea  of  a 
fatherland  and  of  common  interests  was  of  necessity  bound 
to  disappear;  the  words  war  of  the  Empire  and  peace  of  the 
Empire  became  devoid  of  meaning;  one  sought  in  vain  for 
Germany  in  the  midst  of  the  Germanic  Body.  The  Princes 
who  bordered  upon  France,  left  to  themselves  and  exposed 
to  all  the  evils  of  a war  to  which  they  could  not  seek  to  put 
an  end  by  constitutional  means,  saw  themselves  forced  to  free 
themselves  from  the  common  bond  by  separate  peace  ar- 
rangements. 

The  Treaty  of  Luneville,  and  still  more  the  Recez  of  the 
Empire  of  1803,  should  no  doubt  have  appeared  sufficient  to 
give  new  life  to  the  Germanic  Constitution,  by  causing  the 
feeble  parts  of  the  system  to  disappear  and  by  consolidating 
its  principal  supports.  But  the  events  which  have  occurred 
in  the  last  six  months,  under  the  eyes  of  the  entire  Empire, 
have  destroyed  that  hope  also  and  have  again  put  beyond 
doubt  the  complete  insufficiency  of  the  existing  Constitution. 
The  urgency  of  these  important  considerations  has  determined 
the  Sovereigns  and  Princes  of  the  South  and  West  of  Ger- 
many to  form  a new  Confederation  suited  to  the  circum- 
stances of  the  time.  In  freeing  themselves,  by  this  dec- 
laration, from  the  bonds  which  have  united  them  up  to  the 
present  with  the  Germanic  Empire,  they  are  only  following 
the  systems  established  by  anterior  facts,  and  even  by  the 


CONFEDERATION  OF  THE  RHINE 


4>J3 

declarations  of  the  leading  States  of  the  Empire.  It  is  true, 
they  might  have  preserved  the  empty  shadow  of  an  extinct 
constitution ; but  they  have  believed  that  it  was  more  in 
conformity  with  their  dignity  and  with  the  purity  of  their 
intentions  to  make  frank  and  open  declaration  of  their  res- 
olution and  of  the  motives  which  have  influenced  them. 

Moreover,  they  would  flatter  themselves  in  vain  upon  at- 
taining the  desired  aim,  if  they  were  not  at  the  same  time 
assured  of  a powerful  protection.  The  Monarch  whose  views 
are  always  found  to  be  in  conformity  with  the  true  interests 
of  Germany  charges  himself  with  that  protection.  A guar- 
antee so  powerful  is  tranquilizing  under  a double  aspect. 
It  offers  the  assurance  that  His  Majesty  the  Emperor  of  the 
French  will  have  at  heart,  as  well  for  the  interest  of  his 
glory  as  for 'the  advantage  of  his  own  French  Empire,  the 
maintenance  of  the  new  order  of  things  and  the  consolidation 
of  the  internal  and  external  tranquility.  That  precious  tran- 
quility is  the  principal  object  of  the  Confederation  of  ‘the 
Rhine,  of  which  the  Co-States  of  the  sovereigns  in  whose 
name  the  present  declaration  is  made  will  see  the  proof  in  the 
opportunity  which  is  left  to  each  of  them  to  accede  to  it,  if 
his  position  makes  it  desirable  for  him  to  do  so. 

In  discharging  this  duty,  we  have  the  honor  to  be,  . 
[Signed  by  the  representatives  of  thirteen  sovereigns.] 

D.  Abdication  of  Francis  II.  August  7,  1806.  Moniteur, 
August  14,  1806.  Translation,  James  Harvey  Robinson,  Uni- 
versity of  Pennsylvania  Translations  and  Reprints. 

We,  Francis  the  Second,  by  the  Grace  of  God  Roman  Em- 
peror Elect,  Ever  August,  Hereditary  Emperor  of  Austria, 
etc.,  King  of  Germany,  Hungary,  Bohemia,  Croatia,  Dalmatia, 
Slavonia,  Galizia,  Lodomeria  and  Jerusalem;  Archduke  of 
Austria,  etc. 

Since  the  peace  of  Pressburg  all  our  care  and  attention 
has  been  directed  towards  the  scrupulous  fulfillment  of  all 
engagements  contracted  by  the  said  treaty,  as  well  as  the 
preservation  of  peace  so  essential  to  the  happiness  of  our  sub- 
jects, and  the  strengthening  in  every  way  of  the  friendly 
relations  which  have  been  happily  re-established.  We  could 
but  await  the  outcome  of  events  in  order  to  determine  whether 


404 


CONFEDERATION  OF  THE  RHINE 


the  important  changes  in  the  German  Empire  resulting  from 
the  terms  of  the  peace  would  allow  us  to  fulfill  the  weighty 
duties  which,  in  view  of  the  conditions  of  our  election,  devolve 
upon  us  as  the  head  of  the  Empire.  But  the  results  of  cer- 
tain articles  of  the  Treaty  of  Pressburg,  which  showed  them- 
selves immediately  after  and  since  its  publication,  as  well 
as  the  events  which,  as  is  generally  known,  have  taken  place 
in  the  German  Empire,  have  convinced  us  that  it  would  be 
impossible  under  these  circumstances  farther  to  fulfill  the  du- 
ties which  we  • assumed  by  the  conditions  of  our  election. 
Even  if  the  prompt  -readjustment  of  existing  political  com- 
plications might  produce  an  alteration  in  the  existing  con- 
ditions, the  convention  signed  at  Paris,  July  12th,  and  ap- 
proved later  by  the  contracting  parties,  providing  for  the 
complete  separation  of  several  important  states  of  the  Em- 
pire and  their  union  into  a separate  confederation,  would  en- 
tirely destroy  any  such  hope. 

Thus,  convinced  of  the  utter  impossibility  of  longer  ful- 
filling the  duties  of  our  imperial  office,  we  owe  it  to  our 
principles  and  to  our  honor  to  renounce  a crown  which  could 
only  retain  any  value  in  our  eyes  so  long  as  we  were  in  a 
position  to  justify  the  confidence  reposed  in  us  by  the  electors, 
princes,  estates  and  other  members  of  the  German  Empire, 
and  to  fulfill  the  duties  devolving  upon  us. 

We  proclaim,  accordingly,  that  we  consider  the  ties  which 
have  hitherto  united  us  to  the  body  politic  of  the  German 
Empire  as  hereby  dissolved ; that  we  regard  the  office  and 
dignity  of  the  imperial  headship  as  extinguished  by  the  for- 
mation of  a separate  union  of  the  Rhenish  States,  and  regard 
ourselves  as  thereby  freed  from  all  our  obligations  toward 
the  German  Empire ; herewith  laying  down  the  imperial  crown 
which  is  associated  with  these  obligations,  and  relinquishing 
the  imperial  government  which  we  have  hitherto  conducted. 

We  free  at  the  same  time  the  electors,  princes  and  estates 
and  all  others  belonging  to  the  Empire,  particularly  the 
members  of  the  supreme  imperial  courts  and  other  magis- 
trates of  the  Empire,  from  the  duties  constitutionally  due  to 
us  as  the  lawful  head  of  the  Empire.  Conversely,  we  free 
all  our  German  provinces  and  imperial  lands  from  all  their 
obligations  of  whatever  kind,  towards  the  German  Empire. 


THE  PEACE  OP  TILSIT 


405 


In  uniting  these,  as  Emperor  of  Austria,  with  the  whole 
body  of  the  Austrian  state  we  shall  strive,  with  the  restored 
and  existing  peaceful  relations  with  all  the  powers  and  neigh- 
boring states,  to  raise  them  to  the  height  of  prosperity  and 
happiness,  which  is  our  keenest  desire,  and  the  aim  of  our 
constant  and  sincerest  efforts. 

Done  at  our  capital  and  royal  residence,  Vienna,  August 
6,  1806,  in  the  fifteenth  year  of  our  reign  as  Emperor  and 
hereditary  ruler  of  the  Austrian  lands. 

Francis. 


79,  Documents  upon  the  Peace  of  Tilsit. 

By  the  Peace  of  Tilsit  France  broke  up  the  Fourth  Coalition, 
leaving  herself  at  peace  save  with  England.  The  first  three  of 
these  documents  show  the  arrangements  made  at  Tilsit  as  the 
basis  for  continental  peace.  Document  D shows  the  manner  in 
which  certain  of  the  provisions  in  document  C were  finally  carried 
out.  Among  the  numerous  features  which  call  for  notice  are:  (1) 
the  character  of  the  alliance  made  between  Russia  and  France : 
(2)  the  recent  changes  in  Europe  effected  by  Napoleon  and  sanc- 
tioned by  these  treaties : (3)  The  humiliation  of  Prussia  through 
loss  of  territory,  payment  of  indemnity,  the  stipulations  as  to  its 
army,  etc. 

References.  Fyffe,  Modern  Europe,  I,  346-349  (Popular  ea., 
233-235)  ; Fournier,  Napoleon,  383-390;  Rose,  Napoleon,  II,  115- 
128  : Sloane,  Napoleon,  III,  Chs.  v-vi ; Lanfrey,  Napoleon,  III,  268- 
285  : Lavisse  and  Rambaud,  Histoire  Generate,  IX,  115-117. 

Maps.  Droysen.  Historisclier  Hand-Atlas,  4S-49,  53 ; Lane- 
Poole,  Historical  Atlas  of  Modern  Europe,  XII. 

A.  Treaty  of  Peace  between  France  and  Russia.  July 
7,  1807.  De  Clercq,  Traites,  II,  207-213. 

His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
Protector  of  the  Confederation  of  the  Rhine  and  His  Majesty 
the  Emperor  of  all  the  Russias,  being  prompted  by  an  equal 
desire  to  put  an  end  to  the  calamities  of  war. 


1.  There  shall  be,  dating  from  the  day  of  the  exchange 
of  the  ratifications  of  the  present  treaty,  perfect  peace  and 
amity  between  His  Majesty  the  Emperor  of  the  French,  King 
of  Italy,  and  His  Majesty  the  Emperor  of  all  the  Russias. 


406 


THE  PEACE  OF  TILSIT 


4.  His  Majesty  the  Emperor  Napoleon,  out  of  regard  for 

His  Majesty  the  Emperor  of  all  the  Russias,  and  wishing  to 
give  a proof  of  his  sincere  desire  to  unite  the  two  nations  by 
the  bonds  of  an  unalterable  confidence  and  friendship,  consents 
to  restore  to  His  Majesty  the  King  of  Prussia,  the  ally  of  His 
Majesty  the  Emperor  of  all  the  Russias,  all  the  conquered 
countries,  cities  and  territories  denominated  hereinafter,  to 
wit : . [The  omitted  passage  is  practically  identical  with 

article  2 of  document  C.] 

5.  The  provinces  which  on  the  1st  of  January,  1772,  made 
up  part  of  the  former  Kingdom  of  Poland  and  which  have 
since  passed  at  different  times  under  Prussian  domination,  with 
the  exception  of  the  countries  that  are  named  or  designated 
in  the  preceding  article  and  of  those  specified  in  article  9 
hereinafter,  shall  be  possessed  in  complete  ownership  and  sov- 
ereignty by  His  Majesty  the  King  of  Saxony,  under  the  title 
of  the  Duchy  of  Warsaw,  and  shall  be  governed  by  constitu- 
tions which,  while  assuring  the  liberties  and  privileges  of  the 
peoples  of  this  Duchy,  are  consistent  with  the  tranquility  of 
the  neighboring  States. 

6.  The  city  of  Danzig,  with  a territory  of  two  leagues 
radius  from  its  circumference,  shall  be  re-established  in  its 
independence,  under  the  protection  of  His  Majesty  the  King 
of  Prussia  and  His  Majesty  the  King  of  Saxony  and  shall  be 
governed  by  the  laws  which  governed  it  at  the  time  when  it 
ceased  to  govern  itself. 

12.  Their  Serene  Highnesses  the  Dukes  of  Saxe-C'oburg, 
Oldenburg,  and  Mechlinburg-Schwerin  shall  each  be  replaced 
in  the  complete  and  peaceable  possession  of  his  States ; but 
the  ports  of  the  Duchies  of  Oldenburg  and  Mechlinburg  shall 
continue  to  be  occupied  by  French  garrisons  until  the  ex- 
change of  the  ratifications  of  the  future  definitive  treaty  of 
peace  between  France  and  England. 

13.  His  Majesty  the  Emperor  Napoleon  accepts  the  media- 
tion of  His  Majesty  the  Emperor  of  all  the  Russias  for  the 
purpose  of  negotiating  and  concluding  a definitive  treaty  of 
peace  between  France  and  England,  upon  the  supposition  that 
this  mediation  will  also  be  accepted  by  England,  one  month 
after  the  exchange  of  the  ratifications  of  the  present  treaty. 


THE  PEACE  OF  TILSIT 


407 


14.  On  his  side,  His  Majesty  the  Emperor  of  all  the  Rus- 
sias,  wishing  to  prove  how  much  he  desires  to  establish  the 
most  intimate  and  enduring  relations  between  the  two  Em- 
pires, recognizes  His  Majesty  the  King  of  Naples,  Joseph 
Napoleon,  and  His  Majesty  the  King  of  Holland,  Louis  Na- 
poleon. 

15.  His  Majesty  the  Emperor  of  all  the  Russias  likewise 
recognizes  the  Confederation  of  the  Rhine,  the  actual  state  of 
possession  of  each  of  the  Sovereigns  who  compose  it,  and  the 
titles  given  to  several  of  them,  whether  by  the  Act  of  Con- 
federation or  by  the  subsequent  treaties  of  accession.  His 
said  Majesty  promises  to  recognize,  upon  the  notifications 
which  shall  be  made  to  him  on  the  part  of  His  Majesty  the 
Emperor  Napoleon,  the  Sovereigns  who  shall  subsequently 
become  members-  of  the  Confederation,  in  the  capacity  which 
shall  be  given  them  in  the  documents  which  shall  bring  about 
their  entrance  to  it. 

17.  The  present  treaty  of  peace  and  amity  is  declared  com- 
mon to  their  Majesties  the  Kings  of  Naples  and  of  Holland, 
and  to  the  Confederated  Sovereigns  of  the  Rhine,  Allies  of 
His  Majesty  the  Emperor  Napoleon. 

18.  His  Majesty  the  Emperor  of  all  the  Russias  also  rec- 
ognizes His  Imperial  Highness,  Prince  Jerome  Bonaparte,  as 
King  of  Westphalia. 

19.  The  Kingdom  of  Westphalia  shall  be  composed  of  the 
provinces  on  the  left  of  the  Elbe  ceded  by  His  Majesty  the 
King  of  Prussia  and  of  other  States  actually  possessed  by 
His  Majesty  the  Emperor  Napoleon. 

20.  His  Majesty  the  Emperor  of  all  the  Russias  promises 
to  recognize  the  arrangement  which,  in  consequence  of  article 
19  above  and  of  the  cessions  of  His  Majesty  the  King  of 
Prussia,  shall  be  made  by  His  Majesty  the  Emperor  Napoleon 
(which  shall  be  announced  to  His  Majesty  the  Emperor  of 
all  the  Russias)  and  the  resulting  state  of  possession  for  the 
Sovereigns  for  whose  profit  it  shall  have  been  made. 

22.  The  Russian  troops  shall  retire  from  the  provinces 
of  Wallac’nia  and  Moldavia,  but  the  said  provinces  can  be 


408 


THE  PEACE  OF  TILSIT 


occupied  by  the  troops  of  His  Highness  until  the  exchange 
of  the  ratifications  of  the  future  definitive  treaty  of  peace 
between  Russia  and  the  Ottoman  Porte. 

23.  His  Majesty  the  Emperor  of  all  the  Russias  accepts 
the  mediation  of  His  Majesty  the  Emperor  of  the  French, 
King  of  Italy,  for  the  purpose  of  negotiating  and  concluding 
a peace  advantageous  and  honorable  to  the  two  Empires. 
The  respective  Plenipotentiaries  shall  repair  to  the  place  which 
the  interested  parties  shall  have  agreed  upon  in  order  to  open 
and  to  pursue  the  negotiations. 

25.  His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
and  His  Majesty  the  Emperor  of  all  the  Russias  mutually 
guarantee  the  integrity  of  their  possessions  and  those  of  the 
Powers  included  in  the  present  treaty  of  peace,  such  as  they 
now  are  or  shall  be  in  consequence  of  the  above  stipulations. 

28.  The  ceremonial  of  the  two  Courts  of  the  Tuileries  and 
of  Saint  Petersburg  between  themselves  and  with  respect 
to  the  Ambassadors,  Ministers  and  Envoys  whom  they  shall 
accredit  to  each  other  shall  be  established  upon  the  principle 
of  a perfect  reciprocity  and  equalit}'. 

Separate  and  Secret  Articles. 

2.  The  Seven  Islands  shall  be  possessed  in  complete  pro- 
prietorship and  sovereignty  by  His  Majesty  the  Emperor  Na- 
poleon. 

4.  His  Majesty  the  Emperor  of  all  the  Russias  engages 
to  recognize  His  Majesty  the  King  of  Naples  Joseph  Napo- 
leon, as  King  of  Sicily  as  soon  as  King  Ferdinand  IV  shall 
have  an  indemnity  such  as  the  Balearic  islands  or  the  island 
of  Candia,  or  any  other  of  like  value. 

5.  If,  at  the  time  of  the  future  peace  with  England,  Han- 
over should  come  to  be  united  with  the  Kingdom  of  Westpha- 
lia, a territory  formed  from  the  countries  ceded  by  His  Majesty 
the  King  of  Prussia  upon  the  left  bank  of  the  river  Elbe,  and 
having  a population  of  from  three  to  four  hundred  thousand 


THE  PEACE  OF  TILSIT 


409 


souls,  shall  cease  to  make  part  of  that  Kingdom  and  shall  be 
retroceded  to  Prussia. 


B.  Secret  Treaty  of  Alliance  between  France  and  Russia, 
July  7,  1807.  Fournier’s  Napoleon  I,  II,  250-252  (German 
ed.). 

His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
Protector  of  the  Confederation  of  the  Rhine,  and  His  Maj- 
esty the  Emperor  of  all  the  Russias,  having  particularly  at 
heart  to  re-establish  the  general  peace  in  Europe  upon  sub- 
stantial and,  if  it  be  possible,  immovable  foundations,  have  for 
that  purpose  resolved  to  conclude  an  offensive  and  defensive 
alliance.  . 

1.  His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
and  His  Majesty;  the  Emperor  of  all  the  Russias,  undertake 
to  make  common  cause,  whether  by  land  or  by  sea,  or  indeed 
by  land  and  by  sea,  in  every  war  which  France  or  Russia  may 
be  under  the  necessity  of  undertaking  against  any  European 
Power. 

2.  The  occasion  for  the  alliance  occurring,  and  each 
time  that  it  shall  occur,  the  High  Contracting  Parties 
shall  regulate,  by  a special  convention,  the  forces  which  each 
of  them  shall  employ  against  the  common  enemy,  and  the 
points  at  which  these  forces  shall  act ; but  for  the  present  they 
undertake  to  employ,  if  the  circumstances  require  it,  the 
totality  of  their  land  and  sea  forces. 

3.  All  the  operations  of  the  common  wars  shall  be  car- 
ried on  in  concert,  and  neither  of  the  Contracting  Parties 
in  any  case  can  treat  for  peace  without  the  concurrence  and 
consent  of  the  other. 

4.  If  England  does  not  accept  the  mediation  of  Russia 
or  if  having  accepted  it  she  does  not  by  the  first  of  November 
next  consent  to  conclude  peace,  recognizing  therein  that  the 
flags  of  all  the  Powers  shall  enjoy  an  equal  and  perfect  in- 
dependence upon  the  seas  and  restoring  therein  the  conquests 
made  by  it  from  France  and  its  Allies  since  the  year  eighteen 
hundred  and  five,  when  Russia  made  common  cause  with  it, 
a note  shall  be  sent  to  the  cabinet  of  St.  James  in  the 
course  of  the  said  month  of  November  by  the  Ambassa- 


4io 


THE  PEACE  OF  TILSIT 


dor  of  His  Majesty  the  Emperor  of  all  the  Russias.  This 
note,  expressing  the  interest  that  his  said  Imperial  Majesty 
takes  in  the  tranquility  of  the  world  and  the  purpose  which 
he  has  of  employing  all  the  forces  of  his  Empire  to  procure 
for  humanity  the  blessing  of  peace,  shall  contain  the  positive 
and  explicit  declaration  that,  upon  the  refusal  of  England 
to  conclude  peace  upon  the  aforesaid  conditions,  His  Maj- 
esty the  Emperor  of  all  the  Russias  will  make  common  cause 
with  France,  and,  in  case  the  Cabinet  of  St.  James  shall 
not  have  given  upon  the  1st  of  December  next  a categorical 
and  satisfactory  reply,  the  Ambassador  of  Russia  shall  re- 
ceive the  contingent  order  to  demand  his  passports  on  the 
said  day  and  to  leave  England  at  once. 

5.  If  the  case  provided  for  by  the  preceding  article  occurs, 
the  High  Contracting  Parties  shall  act  in  concert  and  at  the 
same  moment  summon  the  three  courts  of  Copenhagen,  Stock- 
holm and  Lisbon  to  close  their  ports  to  the  English,  to  re- 
call their  Ambassadors  from  London,  and  to  declare  war  upon 
England.  That  one  of  the  three  Courts  which  refuses  this 
shall  be  treated  as  an  enemy  by  the  two  High  Contracting 
Parties,  and,  if  Sweden  refuses  it,  Denmark  shall  be  con- 
strained to  declare  war  upon  it. 

6.  The  two  High  Contracting  Parties  shall  likewise  act 
in  concert  and  shall  urge  with  force  upon  the  Court  of  Vienna 
that  it  adopt  the  principles  set  forth  in  article  four  above, 
that  it  close  its  ports  to  the  English,  recall  its  Ambassador 
from  London  and  declare  war  on  England. 

7.  If,  on  the  contrary,  within  the  period  specified  above, 
England  makes  peace  upon  the  aforesaid  conditions  [and 
His  Majesty  the  Emperor  of  all  the  Russias  shall  employ 
all  his  influence  to  bring  it  about],  Hanover  shall  be  restored 
to  the  King  of  England  in  compensation  for  the  French, 
Spanish  and  Dutch  colonies. 

8.  Likewise,  if  in  consequence  of  the  changes  which  have 
just  occurred  at  Constantinople,  the  Porte  should  not  accept 
the  mediation  of  France,  or  if  after  it  has  been  accepted  it 
should  happen  that,  within  the  period  of  three  months  after 
the  opening  of  the  negotiations,  they  have  not  led  to  a sat- 
isfactory result,  France  will  make  common  cause  with  Rus- 
sia against  the  Ottoman  Porte,  and  the  two  High  Contracting 


THE  PEACE  OF  TILSIT 


411 


Parties  shall  come  to  an  agreement  to  remove  all  the  provinces 
of  the  Ottoman  Empire  in  Europe,  the  city  of  Constantinople 
and  the  Province  of  Roumalia  excepted,  from  the  yoke  and 
the  vexations  of  the  Turks. 

9.  The  present  treaty  shall  remain  secret  and  shall  not 
be  made  public  nor  communicated  to  any  Cabinet  by  one  of 
the  two  Contracting  Parties  without  the  consent  of  the  other. 

It  shall  be  ratified  and  the  ratifications  thereof  exchanged 
at  Tilsit  within  the  space  of  four  days. 

Done  at  Tilsit,  July  7,  1807  (June  twenty-fifth,  eighteen 
hundred  seven  [Russian  style]). 

C.  Treaty  of  Peace  between  France  and  Prussia.  July  9, 
1807.  De  Clercq,  Traites,  II,  217-223. 

His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
Protector  of  the  Confederation  of  the  Rhine,  and  His  Maj- 
esty the  King  of  Prussia,  being  prompted  by  an  equal  desire 
to  put  an  end  to  the  calamities  of  war. 

1.  There  shall  be,  dating  from  the  day  of  the  exchange  of 
the  ratifications  of  the  present  Treaty,  perfect  peace  and  amity 
between  His  Majesty  the  Emperor  of  the  French,  King  of 
Italy,  and  His  Majesty  the  King  of  Prussia. 

2.  The  portion  of  the  Duchy  of  Magdeburg  situated  to 
the  right  of  the  Elbe;  the  Mark  of  Prignitz,  the  Unker- 
Mark,  the  middle  and  the  new  Mark  of  Brandenburg,  with 
the  exception  of  the  Cotbuser-Kreis  or  circle  of  Cotbus  in 
lower  Lusace ; the  duchy  of  Pomerania ; upper,  lower  and 
middle  Silesia,  with  the  county  of  Glatz ; the  portion  of  the 
district  of  Netze  situated  to  the  north  of  the  causeway  run- 
ning from  Driesen  to  Schneidemuhl  and  of  a line  run- 
ning from  Schneidemuhl  to  the  Vistula  at  Waldau,  follow- 
ing the  limits  of  the  circle  of  Bromberg;  Pommerellen ; the 
island  of  Nogat ; the  countries  to  the  right  of  Nogat  and  the 
Vistula,  to  the  east  of  Old  Prussia  and  to  the  north  of  the  cir- 
cle of  Kulm ; Ermeland ; and,  lastly,  the  Kingdom  of  Prussia, 
such  as  it  was  on  January  1,  1772,  shall  be  restored  to  His 
Majesty  the  King  of  Prussia,  with  the  places  of  Spandau, 
Stettin,  Kustrin,  Glogau,  Braslau,  Schweidnitz,  Neisse,  Brieg, 
Kosel,  and  Glatz,  and  generally  all  the  places,  citadels,  chat- 
eaux, and  strongholds  of  the  countries  denominated  above,  in 


412 


THE  PEACE  OF  TILSIT 


the  condition  in  which  the  said  places,  citadels,  chateaux  and 
strongholds  now  are.  The  cities  and  citadels  of  Graudenz,  with 
the  villages  of  Neudorf,  Parschken  and  Swirkorzy,  shall  also 
be  restored  to  His  Majesty  the  King  of  Prussia. 

3.  His  Majesty  the  King  of  Prussia  recognizes  His  Maj- 
esty the  King  of  Naples,  Joseph  Napoleon;  and  His  Majesty 
the  King  of  Holland,  Louis  Napoleon. 

4.  His  Majesty  the  King  of  Prussia  likewise  recognizes 
the  Confederation  of  the  Rhine,  the  actual  state  of  possession 
of  each  of  the  sovereigns  who  compose  it,  and  the  titles 
given  to  several  of  them,  whether  by  the  Act  of  Confeder- 
ation or  by  the  subsequent  treaties  of  accession.  His  Majesty 
promises  to  recognize  the  Sovereigns  who  shall  subsequently 
become  members  of  the  said  Confederation,  in  the  capacity 
which  shall  be  given  them  by  the  documents  which  shall  bring 
about  their  entrance  to  it. 

5.  The  present  Treaty  of  peace  and  amity  is  declared 
common  to  His  Majesty  the  King  of  Naples,  Joseph  Napoleon, 
to  His  Majesty  the  King  of  Holland,  and  the  Confederated 
Sovereigns  of  the  Rhine,  allies  of  His  Majesty  the  Emperor 
Napoleon. 

6.  His  Majesty  the  King  of  Prussia  likewise  recognizes 
His  Imperial  Highness  Prince  Jerome  Napoleon  as  King  of 
Westphalia. 

7.  His  Majesty  the  King  of  Prussia  cedes  in  complete 
ownership  and  sovereignty  to  the  Kings,  Grand  Dukes,  Duke, 
or  Princes  who  shall  be  designated  by  His  Majesty  the  Em- 
peror of  the  French,  King  of  Italy,  all  the  Duchies,  Marquis- 
doms,  Principalities,  Counties,  Lordships  and  generally  all 
the  territories  or  parts  of  any  territories,  as  well  as  all  the 
domains  and  landed  estates  of  every  nature  which  His  Said 
Majesty  the  King  of  Prussia  possessed  by  any  title  whatsoever 
between  the  Rhine  and  the  Elbe  at  the  commencement  of  the 
present  war. 

8.  The  Kingdom  of  Westphalia  shall  be  composed  of  prov- 
inces ceded  by  His  Majesty  the  King  of  Prussia  and  of  other 
States  actually  possessed  by  His  Majesty  the  Emperor  Na- 
poleon. 

9.  The  disposition  which  shall  be  made  by  His  Majesty 
the  Emperor  Napoleon  of  the  countries  designated  in  the  two 


THE  PEACE  OF  TIESIT 


4 hi 


preceding  articles  and  the  state  of  possession  resulting  there- 
from to  the  Sovereigns  for  whose  profit  it  shall  have  been 
made,  shall  be  recognized  by  His  Majesty  the  King  of  Prussia, 
in  the  same  manner  as  if  it  were  already  effected  and  were 
contained  in  the  present  Treaty. 

10.  His  Majesty  the  King  of  Prussia,  for  himself,  his  heirs 
and  successors,  renounces  all  present  or  contingent  right  which 
he  can  have  or  lajr  claim  to:  1st.  Upon  all  the  territories, 
without  exception,  situated  between  the  Rhine  and  the  Elbe 
other  than  those  designated  in  article  7 ; 2d.  Upon  those  of 
the  possessions  of  His  Majesty  the  King  of  Saxony  and  of 
the  House  of  Anhalt  which  are  upon  the  right  of  the  Elbe ; 
reciprocally,  every  present  or  contingent  right  and  every 
claim  of  the  States  included  between  the  Elbe  and  the  Rhine 
upon  the  possessions  of  His  Majesty  the  King  of  Prussia,  as 
they  shall  be  in  consequence  of  the  present  Treaty,  are  and 
shall  remain  forever  extinguished. 

11.  All  Agreements,  Conventions  or  Treaties  of  Alliance, 
open  or  secret,  which  may  have  been  concluded  between  Prus- 
sia and  any  of  the  states  situated  to  the  left  of  the  Elbe,  and 
which  the  present  war  shall  not  have  dissolved,  shall  remain 
without  effect  and  shall  be  regarded  as  null  and  void. 

12.  His  Majesty  the  King  of  Prussia  cedes  in  complete 
ownership  and  sovereignty  to  His  Majesty  the  King  of  Sax- 
ony the  Cotbuser-Kreis  or  Circle  of  Cotbus  in  lower  Lusatia. 

13.  His  Majesty  the  King  of  Prussia  renounces  in  per- 
petuity the  possession  of  all  the  provinces  which,  having  be- 
longed to  the  Kingdom  of  Poland  subsequent  to  the  1st  of  Jan- 
uary, 1807,  have  passed  at  various  times  under  the  domination 
of  Prussia,  with  the  exception  of  Ermeland  and  the  countries 
situated  to  the  west  of  old  Prussia,  to  the  east  of  Pomerania 
and  the  new  Mark,  to  the  north  of  the  circle  of  Kulm  and 
of  a line  running  from  the  Vistula  to  Schneidemuhl  through 
Waldau,  following  the  limits  of  the  circle  of  Bomberg  and  of 
the  causeway  running  from  Schneidemuhl  to  Drisen,  which, 
with  the  city  and  citadel  of  Graudenz  and  the  villages  of 
Neudorf,  Parschken,  and  Swierkorzy,  shall  continue  to  be 
possessed  in  complete  ownership  and  sovereignty  by  His  Maj- 
esty the  King  of  Prussia. 


414 


THE  PEACE  OF  TILSIT 


14.  His  Majesty  the  King  of  Prussia  likewise  renounces 
in  perpetuity  the  possession  of  Dantzig. 

15.  The  Provinces  which  His  Majesty  the  King  of  Prussia 
renounces  by  article  13  above  (with  the  exception  of  the 
territory  specified  in  article  18  above)  shall  be  possessed  in 
complete  ownership  and  sovereignty  by  His  Majesty  the  King 
of  Saxony,  under  the  title  of  -the  Duchy  of  Warsaw,  and  shall 
be  governed  by  constitutions  which,  while  assuring  the  liber- 
ties and  privileges  of  the  peoples  of  this  duchy,  are  consistent 
with  the  tranquility  of  the  neighboring  States. 

19.  The  city  of  Dantzig,  with  a territory  of  two  leagues 
radius  from  its  circumference,  shall  be  re-established  in  its 
independence,  under  the  protection  of  Plis  Majesty  the  King 
of  Prussia  and  of  His  Majesty  the  King  of  Saxony  and  shall 
be  governed  by  the  laws  which  governed  it  at  the  time  when 
it  ceased  to  govern  itself. 

21.  The  city,  port  and  territory  of  Dantzig,  shall  be  closed 
during  the  continuance  of  the  present  maritime  war  to  the 
commerce  and  navigation  of  the  English. 

27.  Until  the  day  of  the  exchange  of  the  ratifications  of 
the  future  definitive  Treaty  of  peace  between  France  and  Eng- 
land, all  the  countries  under  the  domination  of  His  Majesty 
the  King  of  Prussia,  without  exception,  shall  be  closed  to  the 
navigation  and  commerce  of  the  English.  No  shipment  oan  be 
made  from  Prussian  ports  for  the  British  islands,  nor  can  any 
vessel  coming  from  England  or  its  colonies  be  received  in  the 
said  ports. 


Secret  Articles. 

2.  His  Majesty  the  King  of  Prussia  engages  to  make  com- 
mon cause  with  France  against  England,  if,  on  the  1st  of  De- 
cember, England  has  not  consented  to  conclude  a peace  upon 
conditions  reciprocally  honorable  to  the  two  nations  and  con- 
formable to  the  true  principles  of  maritime  law;  in  such  case, 


THE  PEACE  OF  TILSIT 


415 


there  shall  be  a special  convention  made  to  regulate  the  exe- 
cution of  the  above  stipulation. 

D.  Treaty  between  France  and  Prussia.  September  8, 
1808.  De  Clercq,  Traites,  II,  270-272. 

His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
Protector  of  the  Confederation  of  the  Rhine  and  His  Majesty 
the  King  of  Prussia,  wishing  to  remove  the  difficulties  which 
have  occurred  in  the  execution  of  the  treaty  of  Tilsit,  . 

1.  The  amount  of  the  sums  due  from  the  Prussian  States 
to  the  French  army,  as  well  for  extraordinary  contribution  as 
for  arrears  of  revenues,  is  fixed  at  140  million  francs ; and  by 
means  of  the  payment  of  the  said  sum,  every  claim  of  France 
upon  Prussia,  on  the  ground  of  war  contributions,  shall  be  ex- 
tinguished. This  sum  of  140  millions  shall  be  deposited  within 
twenty  days  from  the  exchange  of  the  ratifications  of  the  pres- 
ent Treaty  in  the  counting  house  of  the  Receiver  General  of 
the  army,  to  wit : half  in  ready  money  or  in  good  and  accept- 
able bills  of.  exchange,  payable  at  the  rate  of  6 millions  per 
month  dating  from  the  day  of  the  exchange  of  the  ratifications 
and  the  payment  of  which  shall  be  guaranteed  by  the  Prus- 
sian treasury.  The  other  half  [shall  be]  in  land  notes  of  priv- 
ileged mortgage  upon  the  royal  domains,  which  shall  be  reim- 
bursable within  the  space  of  from  one  year  to  eighteen  months 
after  the  exchange  of  the  ratifications  of  the  present  treaty. 

5.  The  places  of  Glogau,  Stettin  and  Custrin  shall  remain 
in  the  power  of  the  French  army  until  the  entire  discharge  of 
the  bills  of  exchange  and  the  land  notes  given  in  payment  of 
the  contribution  mentioned  in  the  first  article. 

15.  His  Majesty  the  Emperor  and  King  guarantees  to  His 
Majesty  the  King  of  Prussia  the  integrity  of  his  territory,  on 
condition  that  His  Majesty  the  King  of  Prussia  remains  the 
faithful  ally  of  France. 

16.  His  Majesty  the  King  of  Prussia  recognizes  as  King 
of  Spain  and  of  the  Indies  His  Majesty  Joseph-Napoleon,  and 
as  King  of  the  Two  Sicilies  His  Majesty  Joachim-Napoleon. 


4i6 


THE  PEACE  OF  TILSIT 


Separate  Articles. 

i.  His  Majesty  the  King  of  Prussia,  wishing  to  avoid 
■everything  which  can  give  umbrage  to  France,  makes  engage- 
ment to  maintain  for  ten  years,  dating  from  January  i, 
1809,  only  the  number  of  troops  specified  below,  to  wit : 


10  Regiments  of  infantry,  forming  at  most  an  effec- 
tive of  22,000  men. 

8 Regiments  of  cavalry  or  32  squadrons  forming  at 

most  an  effective  of  8,000  “ 

A Corps  of  artillerymen,  miners  and  sappers,  at  most 

of  6,000  ;- 

Not  included  the  Guard  of  the  King  estimated,  in- 
fantry and  cavalry,  at  most 6,000  “ 


Total, 42,000  men. 


2.  At  the  expiration  of  the  ten  years,  His  Majesty  the  King 
■of  Prussia  shall  re-enter  into  the  common  right  and  shall 
maintain  the  number  of  troops  which  shall  seem  to  him  suit 
able,  according  to  circumstances. 

3.  During  these  ten  years  there  shall  not  be  any  extraordi- 
nary levy  of  militia  or  of  citizen  guards,  nor  any  mustering 
that  tends  to  augment  the  forces  above  specified. 


5.  In  return  for  the  guarantee  stipulated  in  the  Treaty  of 
this  day,  and  as  security  of  the  alliance  contracted  with  France, 
His  Majesty  the  King  of  Prussia  promises  to  make  common 
cause  with  His  Majesty  the  Emperor  of  the  French  if  war 
comes  to  be  declared  between  him  and  Austria,  and  in  that 
case,  to  place  at  his  disposal  a division  of  16,000  men,  infantry 
as  well  as  cavalry  and  artillery. 

The  present  engagement  shall  continue  for  ten  years.  Never- 
theless, the  King  of  Prussia,  not  having  been  able  yet  to  form 
his  military  establishment,  shall  not  be  held  for  any  contingent 
during  the  present  year,  and  shall  be  bound  to  furnish  in  the 
year  1809,  if  war  should  break  out,  which  the  present  amicable 
relations  between  France  and  Austria,  in  no  wise  give  occasion 
to  fear,  only  a contingent  of  12,000  men,  infantry  as  well  as 
cavalry. 


SUPPRESSION  OF  THE  TRIBUNATE 


417 


80.  Senatus-Consultum  for  Suppressing  the  Tribunate. 

August  19,  1807.  Duvergier,  Lois,  XVI,  151-152. 

Before  its  suppression  by  this  document  the  Tribunate  had  been 
the  forum  for  the  discussion  of  legislative  measures.  Although 
its  meetings  were  not  public  this  discussion  was  displeasing  to  Na- 
poleon and  he  dissolved  it,  in  order  "to  simplify  and  perfect  the 
institutions.”  The  manner  of  its  suppression  and  the  substitute 
arrangement  should  be  noted. 

References.  Lanfrey,  Napoleon,  III,  333-336 ; Lavisse  and 
Itambaud,  Histoire  Generale,  IX,  22S-229. 

1.  For  the  future,  counting  from  the  end  of  the  session 
which  is  about  to  open,  the  preliminary  discussion  of  the  laws 
which  is  carried  on  by  the  sections  of  the  Tribunate  shall  be 
performed,  during  the  continuance  of  each  session,  by  three 
commissions  of  the  Corps-Legislatif,  under  the  titles : 

The  first,  of  commission  of  civil  and  criminal  legislation; 

The  second,  of  commission  of  internal  administration ; 

The  third,  of  commission  of  the  finances. 

2.  Each  of  these  commissions  shall  deliberate  separately 
and  without  spectators ; they  shall  be  composed  of  seven  mem- 
bers selected  by  the  Corps-Legislatif  through  secret  ballot  and 
a majority  of  the  votes.  The  president  shall  be  appointed  by 
the  Emperor,  either  from  among  the  members  of  the  commis- 
sion or  from  among  the  other  members  of  the  Corps-Legisla- 
tif. 

3.  The  form  of  the  ballot  shall  be  arranged  in  such  a man- 
ner that  there  may  be,  as  far  as  shall  be  possible,  four  juris- 
consnltes  upon  the  commission  of  legislation. 

4.  In  case  of  disagreement  of  opinion  between  the  section 
of  the  Council  of  State  which  shall  have  drawn  up  the  project 
of  law  and  the  proper  commission  of  the  Corps-Legislatif,  both 
of  them  shall  meet  together  in  conference  under  the  presidency 
of  the  Archchancellor  of  the  Empire  or  the  Archtreasurer,  ac- 
cording to  the  nature  of  the  matters  to  be  examined. 

5.  If  the  Councillors  of  State  and  the  members  of  the  com- 
mission of  the  Corps-Legislatif  are  of  the  same  opinion,  the 
president  of  the  commission  shall  be  heard,  after  the  orator  of 
the  Council  of  State  shall  have  set  forth  before  the  Corps- 
Legislatif  the  reasons  for  the  law. 

6.  When  the  commission  shall  have  decided  against  the 
project  of  law,  all  the  members  of  the  commission  6hall  have 


14 


4i8  OVERTHROW  OF  THE  SPANISH  MONARCHY 

power  to  set  forth  before  the  Corps-Legislatif  the  reasons  for 
their  opinion. 

7.  The  members  of  the  commission  who  shail  have  dis- 
cussed a project  of  law  shall  be  admitted,  as  are  the  other 
members  of  the  Corps-Legislatif,  to  vote  upon  the  project. 

8.  When  circumstances  shall  give  occasion  for  the  exam- 
ination of  some  project  of  particular  importance,  it  shall  be 
lawful  for  the  Emperor,  in  the  interval  of  two  sessions,  to  sum- 
mon the  members  of  the  Corps-Legislatif  necessary  to  form  the 
commissions,  who  shall  proceed  immediately  to  the  preliminary 
discussion  of  the  project:  these  commissions  shall  be  ap- 
pointed for  the  next  session. 

9.  The  members  of  the  Tribunate  who,  by  the  terms  of  the 
act  of  the  Conservative  Senate  dated  17  Fructidor,  Year  X 
ought  to  remain  until  in  the  Year  XIX,  and  whose  powers,  by 
article  89  of  the  act  of  the  constitutions  of  the  Empire  of  28 
Floreal,  Year  XII,  have  been  extended  until  in  the  Year  XXI, 
corresponding  to  the  year  1812  of  the  Gregorian  calendar,  shall 
enter  the  Corps-Legislatif  and  shall  make  part  of  that  body 
until  the  date  at  which  their  functions  would  have  ceased  in 
the  Tribunate. 

10.  For  the  future,  nobody  can  be  chosen  a member  of  the 
Corps-Legislatif  unless  he  is  at  least  fully  forty  years  of  age. 


81.  Documents  upon  the  Overthrow  of  the  Spanish 
Monarchy. 

The  first  of  these  documents  shows  the  manner  in  which  Na- 
poleon secured  the  military  position  in  Spain  which  enabled  him 
to  dictate  terms  to  the  Spanish  king  and  heir  apparent.  Docu- 
ment B shows  the  terms  forced  upon  the  King.  A similar  agree- 
ment was  also  forced  upon  the  heir  apparent.  In  both  documents 
B and  C there  is  something  shown  in  regard  to  the  manner  in 
which  the  transaction  was  effected  and  officially  justified. 

References.  Fyffe,  Modern  Europe,  I.  367-387  (Popular  ed., 
247-261)  ; Fournier,  Napoleon,  425-436 ; Rose,  Napoleon,  II,  Ch. 
xxviii  ; Sloane,  Napoleon,  III,  95-119 ; Lanfrey,  Napoleon,  III, 
299-314,  362-433 ; Hume.  Modern  Spain,  78-134 ; Henry  Adams, 
History  of  the  United  States,  IV,  115-125,  290-291,  297-303,  315- 
316 ; Lavisse  and  Rambaud,  Histoire  Generate,  IX,  185-191,  200- 
208. 

A.  Convention  of  Fontainebleau.  October  27,  1807.  De 
Clercq,  Traites,  II,  235-236. 


OVERTHROW  OF  THE  SPANISH  MONARCHY 


419 


His  Majesty  the  Emperor  of  the  French,  King  of  Italy,  etc., 
etc.,  etc.,  and  His  Majesty  the  King  of  Spain,  desiring  to  reg- 
ulate by  a joint  agreement  the  interests  of  the  two  States  and 
to  determine  the  future  fate  of  Portugal,  in  a manner  consistent 
with  the  policy  of  the  two  countries, 

1.  The  provinces  between  the  Minho  and  the  Duero,  with 
the  city  of  Oporto,  shall  be  given  in  full  ownership  and  sover- 
eignty to  His  Majesty  the  King  of  Etruria,  under  the  title  of 
King  of  Northern  Lusitania. 

2.  The  Province  of  Alemte  and  the  Kingdom  of  Algarve 
shall  be  given  in  full  ownership  and  sovereignty  to  the  Prince 
of  the  Peace,  to  be  enjoyed  under  the  title  of  Prince  of  Al- 
garve. 

3.  The  Provinces  of  Beira,  Tras-os-Montes,  and  Portu- 
guese Estremadura,  shall  remain  in  trust  until  the  general 
peace,  to  be  disposed  of  then  according  to  circumstances,  and 
according  to  what  shall  be  agreed  upon  between  the  2 High 
Contracting  Parties. 

9.  His  Majesty  the  King  of  Etruria  cedes  in  complete  own- 
ership and  sovereignty  the  Kingdom  of  Etruria  to  His  Maj- 
esty the  Emperor  of  the  French,  King  of  Italy. 

11.  His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
guarantees  to  His  Majesty  the  King  of  Spain  the  possession 
of  his  States  on  the  Continent  of  Europe  situated  to  the  south 
of  the  Pyrenees. 

12.  His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
agrees  to  recognize  and  to  cause  to  be  recognized  His  Majesty 
the  King  of  Spain  as  Emperor  of  the  Two  Americas,  when 
everything  shall  be  prepared  so  that  His  Most  Catholic  Majesty 
can  take  that  title,  which  shall  be  at  the  general  peace  or  at  the 
latest  within  three  years. 

13.  The  two  High  Contracting  Parties  shall  agree  to  make 
an  equal  partition  of  the  islands,  colonies  and  other  beyond- 
the-sea  possessions  of  Portugal. 

14.  The  present  convention  shall  remain  secret ; it  shall  be 
ratified  and  the  ratifications  thereof  shall  be  exchanged  at 
Madrid  at  the  latest  twenty  days  after  the  signing. 


420 


OVERTHROW  OF  THE  SPANISH  MONARCHY 


B.  Convention  with  Charles  IV.  May  5,  1808.  De  Clercq, 
Traites,  II,  246-248. 

Napoleon,  Emperor  of  the  French,  King  of  Italy,  Protector 
of  the  Confederation  of  the  Rhine,  and  Charles  IV,  King  of 
Spain  and  the  'Indies,  animated  by  an  equal  desire  to  promptly 
put  an  end  to  the  anarchy  to  which  Spain  is  a prey  and  to  save 
that  valiant  nation  from  the  agitations  of  factions,  wishing  to 
spare  it  all  the  convulsions  of  civil  and  foreign  war  and  to  place 
it  without  disturbances  in  the  only  position  which,  under  the 
extraordinary  circumstances  in  which  it  finds  itself,  can  pre- 
serve its  integrity,  guarantee  it  its  colonies  and  enable  it  also  to 
unite  all  its  means  with  those  of  France  in  order  to  obtain  a 
maritime  peace,  have  resolved  to  unite  all  their  efforts  and  to 
regulate  in  a special  convention  such  precious  interests  . . . 

1.  His  Majesty  King  Charles  having  had  in  view  during  all 
his  life  only  the  welfare  of  his  subjects,  and  relying  upon  the 
principle  that  all  the  acts  of  a sovereign  ought  to  be  done  only 
in  order  to  attain  that  aim ; able  to  be  under  the  existing  cir- 
cumstances only  a source  of  dissensions,  all  _ the  more  fatal 
since  the  factions  have  divided  his  own  family,  has  resolved  to 
cede,  as  he  does  cede  by  the  present  [convention],  to  His  Maj- 
esty the  Emperor  Napoleon  all  his  right  to  the  throne  of  Spain 
and  the  Indies,  as  to  the  only  one  who  at  the  point  to  which 
affairs  therein  have  arrived  can  re-establish  order;  intending 
that  the  said  cession  shall  take  place  only  in  order  to  cause  his 
subjects  to  enjoy  the  two  following  conditions. 

2.  1st.  The  integrity  of  the  Kingdom  shall  be  maintained; 
the  Prince  whom  the  Emperor  Napoleon  shall  decide  that  he 
ought  to  place  upon  the  throne  of  Spain  shall  be  independent, 
and  the  boundaries  of  Spain  shall  not  suffer  any  alteration. 

2d.  The  Catholic,  Apostolic  and  Roman  religion  shall  be 
the  only  one  in  Spain ; there  cannot  be  tolerated  there  any  re- 
formed religion  and  still  less  infidelity,  according  to  the  usage 
established  today. 

[The  omitted  articles  provide,  inter  alia,  that  the  Spanish 
royal  family  shall  have  a refuge  in  France,  a palace  and 
grounds,  a stipulated  income  and  the  enjoyment  of  their  royal 
rank.] 


ERFURT  CONVENTION 


421 


II.  The  present  convention  shall  remain  secret  until  the 
Two  High  Contracting  Parties  shall  see  fit  to  make  it  known; 
it  shall  be  ratified,  and  the  ratification  thereof  shall  be  ex- 
changed within  eight  days  or  as  much  sooner  a,s  shall  be  pos- 
sible. 

Done  at  Bayonne,  May  5,  1808. 

C.  Imperial  Decree  proclaiming  Joseph  Bonaparte  King  of 
Spain.  June  6,  1808.  Moniteur,  June  22,  1808. 

Napoleon,  by  the  grace  of  God,  Emperor  of  the  French, 
King  of  Italy,  Protector  of  the  Confederation  of  the  Rhine,  to 
all  those  who  shall  see  these  presents,  greeting. 

The  Junta  of  State,  the  Council  of  Castile,  the  city  of  Ma- 
drid, etc.,  etc.,  having  made  known  to  us  by  addresses  that  the 
welfare  of  Spain  requires  that  an  end  should  be  promptly  put 
to  the  interregnum,  we  have  resolved  to  proclaim,  as  we  do 
proclaim  by  the  present  [proclamation],  that  our  well  beloved 
brother  Joseph  Napoleon,  at  present  King  of  Naples  and  Sicily, 
is  King  of  Spain  and  the  Indies. 

We  guarantee  to  the  King  of  Spain  the  integrity  of  his 
States,  whether  in  Europe,  Africa,  Asia,  or  America. 

We  enjoin  upon  the  lieutenant  general  of  the  kingdom,  the 
ministers,  and  the  Council  of  Castile,  to  cause  the  present  pro- 
clamation to  be  despatched  and  published  in  the  accustomed 
forms,  in  order  that  nobody  can  pretend  grounds  of  ignorance 
of  it. 

Given  at  our  imperial  palace  at  Bayonne,  June  6,  1808. 

Signed,  Napoleon. 


82.  The  Erfurt  Convention. 

October  12,  1808.  De  Clereq,  Traites,  II,  284-286. 

This  document  should  be  studied  in  connection  with  No.  79. 
The  Spanish  rising  against  Napoleon  for  a time  threatened  to  pro- 
duce a general  rising  against  his  domination.  Napoleon,  however, 
induced  the  Czar  to  meet  him  at  Erfurt,  where  a series  of  confer- 
ences led  to  the  signing  of  this  convention.  The  consolidation  of 
the  Franco-Russian  alliance  prevented  the  threatened  general  ris- 
ing. Both  the  general  character  and  the  special  terms  of  this 
alliance,  as  set  forth  in  the  document,  merit  careful  attention. 

References.  Fournier,  Napoleon,  438-444  ; Rose,  Napoleon,  II, 


422 


ERFURT  CONVENTION 


164-170;  Sloane,  Napoleon,  III,  133-138  ; Lanfrey,  Napoleon,  III, 
485-494  ; Lavisse  and  Rambaud,  Histoirc  Generate , IX,  135-147. 

His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
Protector  of  the  Confederation  of  the  Rhine,  and  His  Majesty 
the  Emperor  of  all  the  Russias,  wishing  to  cause  the  alliance 
which  unites  them  to  be  more  and  more  close  and  forever  dur- 
able, and  reserving  to  themselves  to  agree  subsequently,  if  there 
is  need,  upon  the  new  determinations  to  be  taken  and  the  new 
means  of  attack  to  be  directed  against  England,  their  common 
enemy  and  the  enemy  of  the  continent,  have  resolved  to  estab- 
lish in  a special  convention  the  principles  which  they  are  de- 
termined to  follow  invariably  in  all  their  measures  to  obtain 
the  re-establishment  of  peace.  . 

1.  His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
etc.,  and  His  Majesty  the  Emperor  of  all  the  Russias  confirm 
and,  in  as  far  as  there  is  need,  renew  the  alliance  concluded 
between  them  at  Tilsit;  binding  themselves,  not  only  not  to 
make  any  separate  peace  with  the  common  enemy,  but  in  ad- 
dition not  to  enter  into  any  negotiation  with  it,  and  not  to  listen 
to  any  of  its  proposals  except  by  common  consent. 

2.  Thus  resolved  to  remain  inseparably  united  for  peace 
as  well  as  for  war,  the  High  Contracting  Parties  agree  to  ap- 
point Plenipotentiaries  to  treat  for  peace  with  England  and  to 
send  them  for  this  purpose  to  the  city  of  the  continent  which 
England  shall  designate. 

3.  In  all  the  course  of  the  negotiation,  if  it  occurs,  the  re- 
spective Plenipotentiaries  of  the  High  Contracting  Parties  shall 
constantly  act  with  the  most  perfect  accord,  and  it  shall  not  be 
permissible  for  either  of  them  to  support,  nor  even  to  receive 
or  approve  contrary  to  the  interests  of  the  other  Contracting 
Party  any  proposal  or  demand  of  the  English  Plenipotentiaries, 
which,  taken  by  itself  and  favorable  to  the  interests  of  England, 
may  also  present  some  advantage  to  one  of  the  Contracting 
Parties. 

4.  The  basis  of  the  treaty  with  England  shall  be  the  uti 
possidetis. 

5.  The  High  Contracting  Parties  bind  themselves  to  con- 
sider as  an  absolute  condition  of  peace  with  England  that  she 


ERFURT  CONVENTION 


423 


shall  recognize  Finland,  Wallachia,  and  Moldavia  as  making 
part  of  the  Empire  of  Russia. 

6.  They  agree  to  consider  as  an  absolute  condition  of  the 
peace  that  England  shall  recognize  the  new  order  of  things 
established  by  France  in  Spain. 

7.  The  High  Contracting  Parties  agree  not  to  receive  from 
the  side  of  the  enemy  during  the  continuance  of  the  negotia- 
tions any  proposal,  offer  or  communication  whatsoever,  without 
immediately  sharing  it  with  the  respective  courts : and  if  the 
said  proposals  are  made  at  the  Congress  assembled  for  the 
peace,  the  respective  Plenipotentiaries  shall  be  bound  to  com- 
municate them. 

8.  His  Majesty  the  Emperor  of  all  the  Russias,  in  conse- 
quence of  all  the  revolutions  and  changes  which  disturb  the  Ot- 
toman Empire  and  which  do  not  leave  any  possibility  of  giving, 
and  in  consequence  any  hope  of  obtaining,  sufficient  guarantees 
for  the  persons  and  goods  of  the  inhabitants  of  Wallachia  and 
Moldavia,  having  already  carried  the  limits  of  his  Empire  to  the 
Danube  on  that  side  and  united  Wallachia  and  Moldavia  with 
his  Empire,  and  being  able  only  on  that  condition  to  recognize 
the  integrity  of  the  Ottoman  Empire,  the  Emperor  Napoleon 
recognizes  the  said  union  and  the  said  limits  of  the  Russian 
Empire,  extended  on  that  side  to  the  Danube. 

9.  His  Majesty  the  Emperor  of  all  the  Russias  agrees  to 
keep  in  the  most  profound  secrecy  the  preceding  article  and  to 
enter  upon  a negotiation,  either  at  Constantinople  or  anywhere 
else,  in  order  to  obtain  amicably,  if  that  be  possible,  the  cession 
of  these  two  provinces.  France  renounces  its  mediation.  The 
Plenipotentiaries  or  agents  of  the  two  powers  shall  agree  upon 
the  language  to!  be  held,  in  order  not  to  compromise  the  friend- 
ship existing  between  France  and  the  Porte,  nor  the  security 
of  the  French  who  reside  in  the  Turkish  dominions  in  order 
to  prevent  the  Porte  throwing  itself  into  the  arms  of  England. 

10.  In  case  the  war  should  happen  to  be  rekindled,  the  Ot- 
toman Porte  refusing  the  cession  of  the  two  provinces,  the 
Emperor  Napoleon  shall  not  take  any  part  therein  and  shall 
confine  himself  to  the  employment  of  his  good  offices  with  the 
Ottoman  Porte ; but  if  it  should  happen  that  Austria  or  any 
other  power  should  make  common  cause  with  the  Ottoman 
Empire  in  the  said  war,  His  Majesty  the  Emperor  Napoleon 


424 


FRENCH  REPUBLIC 


shall  immediately  make  common  cause  with  Russia,  being 
obliged  to  consider  this  case  as  one  of  those  of  the  general  al- 
liance which  unites  the  two  Empires.  In  case  Austria  should 
engage  in  war  against  France,  the  Emperor  of  Russia  agrees  to 
declare  himself  against  Austria  and  to  make  common  cause 
with  France,  that  case  being  likewise  one  of  those  to  which 
the  alliance  that  unites  the  two  Empires  applies. 

11.  The  High  Contracting  Parties  bind  themselves,  more- 
over, to  maintain  the  integrity  of  the  other  possessions  of  the 
Ottoman  Empire,  not  wishing  to  undertake  themselves  or  suffer 
that  there  should  be  undertaken  any  enterprise  against  any  part 
of  that  Empire,  unless  they  should  be  previously  informed  of  it. 

12.  If  the  measures  taken  by  the  two  High  Contracting 
Parties  are  unavailing,  either  because  England  evades  the  pro- 
posal which  shall  be  made  to  it,  or  because  the  negotiations  are 
broken  off,  their  Imperial  Majesties  shall  meet  again  within 
the  space  of  one  year,  in  order  to  agree  upon  the  operations  of 
the  common  war  and  upon  the  means  to  pursue  it  with  all  the 
forces  and  all  the  resources  of  the  two  Empires. 

13.  The  two  High  Contracting  Parties,  wishing  to  recog- 
nize the  loyalty  and  the  perseverance  with  which  the  King  of 
Denmark  has  supported  the  common  cause,  agree  to  procure 
for  him  an  indemnification  for  his  sacrifices  and  to  recognize  the 
acquisitions  which  he  shall  have  been  in  a position  to  make  in 
the  present  war. 

14.  The  present  convention  shall  be  kept  secret  for  at  least 
the  space  of  ten  years. 


83.  Decree  upon  the  Term,  French  Republic. 

October  22,  1808.  Duvergier,  Lois,  XVI,  312. 

The  time  and  manner  in  which  the  idea  of  the  Republic  dis- 
appeared from  French  institutions  is  a matter  of  much  importance 
for  the  comprehension  of  the  method  whereby  Napoleon  built  up 
his  power.  This  document  serves  to  fix  the  date  of  its  final  dis- 
appearance ; something  of  the  manner  in  which  it  was  eliminated 
can  be  seen  from  an  examination  of  Nos.  58,  66  E and  71. 

Reference.  Aulard,  Revolution  Francaise,  778-780. 


I. 


The  monies  which  shall  be  coined  dating  from  January 


ANNEXATIONS  OF  1809-1810 


425 


i,  1809,  shall  bear  for  legend  upon  the  reverse  of  the  piece  the 
words,  French  Empire,  in  lieu  of  those  of  French  Republic. 

2.  Our  Minister  of  Finance  is  charged  with  the  execution  of 
the  present  decree. 


84.  Documents  upon  the  Annexations  of  1809-1810, 

In  1809-1S10  Napoleon  annexed  to  France  a great  deal  of  ter- 
ritory. All  of  it  had  for  some  time  been  dependent  upon  France. 
These  documents  show  most  of  the  territory  taken,  some  of  the 
reasons  assigned  for  its  annexation,  something  of  the  manner  in 
which  the  former  rulers  were  treated,  ,and  the  kind  of  special  ar- 
rangements made  for  the  territory  as  part  of  France. 

References.  Fyffe,  Modern  Europe,  I,  436-441  (Popular  ed., 
294-297);  Fournier,  Napoleon,  495-49S,  506-511:  Rose,  Napoleon, 
II,  141-142,  195-198  ; Sloane,  Napoleon,  III,  201-204,  211-214  : 
Lanfrey,  Napoleon,  IV,  252-2G4,  27S-303,  341-343 ; Lavisse  and 
Rambaud,  Histoire  Generals,  IX,  275-278,  766-7G7. 

As  the  Empire  of  Napoleon  w,as  at  its  height  following  these 
annexations,  its  territorial  extent  and  the  relationship  of  the  va- 
rious parts  may  be  profitably  studied  at  this  point. 

Maps.  Droysen,  HistoriscJicr  I-Iand-Atlas,  59  : Lane-Poole,  His- 
torical Atlas  of  Modern  Europe,  LIX ; Schrader,  Atlas  de  Geo- 
graphic Historique,  43  ; Vidal-Lablache,  Atlas  General,  40-41. 


A.  Imperial  Decree  for  the  Annexation  of  the  Papal  States. 
May  17,  1809.  Correspondancc  de  Napoleon  I,  XIX,  15-16. 
Translation,  James  Harvey  Robinson,  University  of  Pennsyl- 
vania Translations  and  Reprints. 

Napoleon,  Emperor  of  the  French,  King  of  Italy,  Pro- 
tector of  the  Confederation  of  the  Rhine,  etc.,  in  consideration 
of  the  fact  that  when  Charlemagne,  Emperor  of  the  French 
and  our  august,  predecessor,  granted  several  counties  to  the 
Bishops  of  Rome  he  ceded  these  only  as  fiefs  and  for  the  good 
of  his  realm  and  Rome  did  not  by  reason  of  this  cession 
cease  to  form  a part  of  his  empire ; farther  that  since  this  asso- 
ciation of  spiritual  and  temporal  authority  has  been  and  still 
is  a source  of  dissensions  and  has  but  too  often  led  the  pontiffs 
to  employ  the  influence  of  the  former  to  maintain  the  pre- 
tensions of  the  latter,  and  thus  the  spiritual  concerns  and  heav- 
enly interests  which  are  unchanging  have  been  confused  with 


426 


ANNEXATIONS  OF  1S09-1810 


terrestrial  affairs  which  by  their  nature  alter  according  to 
circumstances  and  the  policy  of  the  time;  and  since  all  our 
proposals  for  reconciling  the  security  of  our  armies,  the  tran- 
quility and  the  welfare  of  our  people  and  the  dignity  and  in- 
tegrity of  our  Empire,  with  the  temporal  pretensions  of  the 
Popes  have  failed,  we  have  decreed  and  do  decree  what  fol- 
lows : 

1.  The  Papal  States  are  reunited  to  the  French  Empire. 

2.  The  City  of  Rome,  so  famous  by  reason  of  the  great 
memories  which  cluster  about  it  and  as  the  first  seat  of 
Christianity,  is  proclaimed  a free  imperial  city.  The  organiza- 
tion of  the  government  and  administration  of  the  said  city 
shall  be  provided  by  a special  statute. 

3.  The  remains  of  the  structures  erected  by  the  Romans 
shall  be  maintained  and  preserved  at  the  expense  of  our  treas- 
ury. 

4.  The  public  debt  shall  become  an  imperial  debt. 

5.  The  lands  and  domains  of  the  Pope  shall  be  increased 
to  a point  where  they  shall  produce  an  annual  net  revenue  of 
two  millions. 

6.  The  lands  and  domains  of  the  Pope  as  well  as  his 
palaces  shall  be  exempt  from  all  taxes,  jurisdiction  or  visita- 
tion, and  shall  enjoy  special  immunities. 

7.  On  the  first  of  June  of  the  present  year  a special 
consultus  shall  take  possession  of  the  Papal  States  in  our 
name  and  shall  make  the  necessary  provisions  in  order  that  a 
constitutional  system  shall  be  organized  and  may  be  put  in 
force  on  January  first  1810. 

Given  at  our  Imperial  Camp  at  Vienna,  May  17th,  1809. 

Napoleon. 

B.  Organic  Senatus-Consultum  for  the  Annexation  of  the 
Papal  States.  February  17,  1810.  Duvergier,  Lois , XVII,  27. 

TITLE  I.  OF  THE  UNION  OF  THE  STATES  OF  ROME  WITH  THEj 
EMPIRE. 

1.  The  State  of  Rome  is  united  with  the  French  Empire 
and  makes  an  integral  part  thereof. 

2.  It  shall  form  two  departments,  the  department  of 
Rome  and  the  department  of  Trasimeno. 

3.  The  department  of  Rome  shall  have  seven  deputies  in 


ANNEXATIONS  OF  1809-1810 


427 


the  Corps-Legislatif ; the  department  of  Trasimeno  shall  have 
four. 

5.  There  shall  be  a senatorship  established  for  the  depart- 
ments of  Rome  and  Trasimeno. 

6.  The  city  of  Rome  is  the  second  city  of  the  Empire. 
The  mayor  of  Rome  is  present  at  the  taking  of  the  oath  by  the 
Emperor  at  his  accession : he  takes  rank,  along  with  the  depu- 
tation' of  the  city  of  Rome,  on  all  occasions  immediately  after 
the  mayors  and  deputations  of  the  city  of  Paris. 

7.  The  Prince  Imperial  bears  the  title  and  receives  the 
honors  of  King  of  Rome. 

8.  There  shall  be  at  Rome  a prince  of  the  blood  or  a 
grand  dignitary  of  the  Empire,  who  shall  hold  the  court  of  the 
Emperor. 

xo.  After  having  been  crowned  in  the  church  of  Notre 
Dame  at  Paris,  the  Emperors  shall  be  crowned  in  the  church 
of  Saint  Peter  at  Rome,  before  the  tenth  year  of  their  reign. 

11.  The  city  of  Rome  shall  enjoy  the  special  privileges 
and  immunities  which  shall  be  determined  by  the  Emperor 
Napoleon. 

TITLE  II.  OF  THE  INDEPENDENCE  OF  THE  IMPERIAL  THRONE  OF 
EVERY  AUTHORITY  UPON  EARTH. 

12.  Any  foreign  sovereignty  is  incompatible  with  the  exer- 
cise of  any  spiritual  authority  within  the  interior  of  the  Em- 
pire. 

13.  At  the  time  of  their  elevation  [to  the  papal  dignity], 
the  Popes  shall  take  oath  never  to  do  anything  contrary  to  the 
four  propositions  of  the  Gallican  Church,  decreed  in  the  as- 
sembly of  the  clergy  in  1682. 

14.  The  four  propositions  of  the  Gallican  Church  are  de- 
clared common  to  all  the  Catholic  churches  of  the  Empire. 

TITLE  III.  OF  THE  TEMPORAL  POSITION  OF  THE  POPES. 

15.  Palaces  shall  be  prepared  for  the  Pope  in  the  different 
places  of  the  Empire  in  which  he  may  wish  10  reside.  There 
shall  be  necessarily  one  at  Paris  and  one  at  Rome. 


428 


ANNEXATIONS  OP  1809-1810 


16.  Two  millions  of  revenue  in  rural  estates,  free  from  all 
taxation  and  situated  in  the  different  parts  of  the  Empire, 
shall  be  assigned  to  the  Pope. 

1 7-  The  expenses  of  the  Sacred  College  and  of  the  Propa- 
ganda are  declared  imperial  [expenses]. 

C.  Treaty  with  Holland.  March  16,  1810.  De  Clercq, 
Traites,  II,  328-330. 

His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
Protector  of  the  Confederation  of  the  Rhine,  Mediator  of  the 
Swiss  Confederation,  and  His  Majesty  the  King  of  Holland, 
wishing  to  put  an  .end  to  the  difficulties  which  have  arisen  be- 
tween them  and  to  reconcile  the  independence  of  Holland  with 
the  new  circumstances  in  which  the  Orders  in  Council  of  Eng  - 
land of  1807  have  placed  all  the  maritime  Powers,  have  agreed 
to  come  to  an  understanding,  and  have  appointed  plenipoten- 
tiaries for  that  purpose,  to  wit : . . . 

1.  Until  the  British  Government  has  formally  renounced 
the  methods  comprised  in  its  Orders  in  Council  of  1807,  all 
commerce  whatsoever  between  the  ports  of  Holland  and  the 
ports  of  England  is  forbidden.  If  there  is  occasion  to  give  li- 
censes, those  given  in  the  name  of  the  Emperor  shall  be  the 
only  valid  ones. 

2.  A body  of  troops  consisting  of  18,000  men,_  of  which 

3.000  shall  be  cavalry,  composed  of  6,000  Frenchmen  and 

12.000  Hollanders,  shall  be  placed  at  all  the  mouths  of  the 
rivers  with  the  employes  of  the  French  customs-houses,  in 
order  to  watch  over  the  execution  of  the  preceding  article. 

3.  These  troops  shall  be  taken  care  of,  fed  and  clothed 
by  the  government  of  Holland. 

4.  Every  prize  taken  upon  the  coasts  of  Holland  by  French 
ships  of  war  or  privateers  from  vessels  contravening  article  1 
shall  be  declared  good  prize;  in  case  of  doubt  the  difficulty  can 
be  adjudged  only  by  His  Majesty  the  Emperor. 

5.  The  provisions  contained  in  the  above  articles  shall  be 
annulled  as  soon  as  England  shall  have  solemnly  revoked  its 
Orders  in  Council  of  1807,  and  from  that  moment  the  French 
troops  shall  evacuate  Holland  and  shall  leave  it  to  enjoy  the 
whole  of  its  independence. 

6.  It  being  a constitutional  principle  in  France  that  the 


ANNEXATIONS  OF  1809-1810 


429 


Thalweg  of  the  Rhine  is  the  boundary  of  the  French  Empire, 
and  the  ship  yards  of  Antwerp,  being  unguarded  and  exposed 
through  the  existing  situation  of  the  boundaries  of  the  two 
States,  His  Majesty  the  King  of  Holland  cedes  to  His  Majesty 
the  Emperor  of  the  French,  etc.,  Dutch  Brabant,  the  whole  of 
Zeeland,  including  therein  the  island  of  Sohouwen,  and  part 
of  Gelderland  upon  the  left  bank  of  the  Waal,  in  such  a 
manner  that  the  boundary  of  France  and  of  Holland  shall  be 
henceforth  the  Thalweg  of  the  Waal, 


8.  His  Majesty  the  King  of  Holland,  in  order  to  co-oper- 
ate with  the  forces  of  the  French  Empire,  shall  have  at  anchor 
a fleet  of  9 ships  of  the  line  and,  6 frigates,  armed  and  pro- 
visioned for  six  months  and  ready  to  put  sail  on  July  1st  next, 
and  a flotilla  of  100  gunboats  or  other  ships  of  war.  This 
force  shall  be  kept  up  and  made  constantly  disposable  during 
the  entire  war. 

10.  All  merchandise  arriving  upon  American  vessels  en- 
tered into  the  ports  of  Holland  since  January  1,  1809,  shall 
be  placed  in  sequestration  and  shall  belong  to  France  to  be 
disposed  of  according  to  circumstances  and  its  political  re- 
lations with  the  United  States. 

11.  All  merchandise  of  English  manufacture  is  prohib- 
ited in  Holland. 

12.  Police  measures  shall  be  taken  to  look  after  and  to 
cause  the  arrest  of  insurers  of  contraband,  contrabandists, 
their  abettors,  etc. ; finally,  the  government  of  Holland  agrees 
that  it  will  destroy  contraband. 

15.  Filled  with  confidence  as  to  the  manner  in  which  the 
engagements  resulting  from  the  present  treaty  will  be  ful- 
filled, His  Majesty  the  Emperor  and  King  guarantees  the  in- 
tegrity of  the  possessions  of  Holland  as  they  shall  be  in 
virtue  of  this  treaty. 

16.  The  present  treaty  shall  be  ratified  and  the  ratifications 
thereof  shall  be  exchanged  at  Paris  within  the  space  of  fifteen 
days  or  sooner  if  it  is  possible  to  do  so. 

Done  at  Paris,  March  16,  1810. 


430 


TREATY  OF  VIENNA 


D.  Organic  Senatus-Consultum  for  the  Annexation  of 
Holland  and  North  Germany,  December  13,  1810.  Duvergier, 
Lois,  XVII,  235. 

1.  Holland,  the  Hanseatic  cities,  Lauenburg,  and  the  coun- 
tries situated  between  the  North  Sea  and  a line  drawn  from 
the  confluence  of  the  Lippe  with  the  Rhine  to  Haltern,  from 
Haltern  to  the  Ems  below  Telgte;  from  the  Ems  to  the  con- 
fluence of  the  Werre  with  the  Weser,  and  from  Stozenau  upon 
the  Weser  to  the  Elbe  below  the  confluence  of  the  Steckenitz, 
shall  make  an  integral  part  of  the  French  Empire. 

2.  The  said  countries  shall  form  ten  departments  to  wit: 

3.  The  number  of  deputies  of  these  department  in  the 

Corps-Legislatif  shall  be  [29  in  all]. 

8.  One  senatorship  shall  be  established  for  the  depart- 
ments forming  the  jurisdiction  of  the  Imperial  Court  of  the 
Hague,  and  another  for  the  departments  forming  the  juris- 
diction of  the  Imperial  Court  of  Hamburg. 

9.  The  cities  of  Amsterdam,  Rotterdam,  Hamburg,  Bre- 
men, and  Lubeck,  are  included  among  the  good  cities  of 
which  the  mayors  are  present  at  the  taking  of  the  oath  of 
the  Emperor  at  his  accession. 


85.  Treaty  of  Vienna. 

October  14,  1809.  De  Clercq,  Traitcs,  II,  293-299. 

This  treaty  came  at  the  end  of  the  fourth  war  which  Austria 
had  fought  against  France  Since  the  beginning  of  the  Revolution. 
Its  terms  should  be  compared  with  those  of  the  three  preceding 
treaties,  Campo  Formio,  Luneville  and  Pressburg  (Nos.  55,  62, 
74) 

References.  Fyffe,  Modern  Europe,  I,  430-433  (Popular  ed., 
289-292)  ; Fournier,  Napoleon,  477-482 ; Lanfrey,  Napoleon,  IV, 
213-224 ; Sloane,  Napoleon,  III,  182-186 ; Lavisse  and  Rambaud, 
Histoire  Generate,  IX,  ,176-177. 

Hap.  Schrader,  Atlas  de  Gcograpliie  Historique,  48. 


His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 


TREATY  OF  VIENNA 


431 


Protector  of  the  Confederation  of  the  Rhine,  Mediator  of  the 
Swiss  Confederation,  and  His  Majesty  the  Emperor  of  Aus- 
tria, King  of  Hungary  and  of  Bohemia,  equally  prompted  by 
the  desire  to  put  an  end  to  the  war  that  has  been  kindled  be- 
tween them,  have  resolved  to  proceed  without  delay  to  the 
conclusion  of  a definitive  treaty  of  peace,  . 

1.  There  shall  be,  dating  from  the  day  of  the  exchange  of 
the  ratifications  of  the  present  Treaty,  peace  and  amity  be- 
tween His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
Protector  of  the  Confederation  of  the  Rhine,  and  His  Maj- 
esty the  Emperor  of  Austria,  King  of  Hungary  and  of  Bohe- 
mia, their  heirs  and  successors,  their  respective  States  and 
subjects,  forever. 

3.  His  Majesty  the  Emperor  of  Austria,  King  of  Hungary 
and  of  Bohemia,  both  for  himself,  his  heirs  and  successors, 
and  for  the  Princes  of  His  House,  their  respective  heirs  and 
successors,  renounces  the  principalities,  lordships,  domains 
and  territories  hereinafter  designated,  as  well  as  every  title 
whatsoever  which  may  be  derived  from  their  possession,  and 
the  properties,  whether  domanial  or  possessed  by  them  under 
personal  title,  which  these  countries  include. 

1st.  He  cedes  and  abandons  to  His  Majesty  the  Emperor 
of  the  French,  in  order  to  make  part  of  the  Confederation  of 
the  Rhine  and  to  be  disposed  of  in  favor  of  the  Sovereigns 
of  the  Confederation : the  countries  of  Salzburg  and  Berecht- 
esgaden,  the  portion  of  Upper  Austria  situated  beyond  a line 
setting  out  from  the  Danube  near  the  village  of  Strass  and 
taking  in  Weissenkirchen,  Wiedersdorf,  Michelbach,  Greist, 
Muckenhoffen,  Helft,  Jeding,  from  there  the  road  to  Schwan- 
enstadt,  the  city  of  Schwanenstadt  upon  the  Kammer,  and  in 
continuation  reascending  the  course  of  that  river  and  of  the 
lake  of  that  name  to  the  point  at  which  that  lake  touches 
the  frontier  of  the  country  of  Salzburg. 

2d.  He  likewise  cedes  to  His  Majesty  the  Emperor  of  the 
French,  King  of  Italy,  the  County  of  Gorz,  the  territory  of 
Montefalcone,  the  Government  of  the  city  of  Trieste,  Carniola 
with  its  enclaves  upon  the  Gulf  of  Trieste,  the  circle  of  Vilach 
in  Carinthia,  and  all  the  countries  situated  to  the  right  of  the 


432 


TREATY  OF  VIENNA 


Save,  in  setting  out  from  the  point  -at  which  that  river  leaves 
Carniola  and  following  it  to  the  frontier  of  Bosnia,  to  wit : 
part  of  provincial  Croatia,  six  districts  of  military  Croatia, 
Fiume  and  the  Hungarian  littoral,  the  Austrian  Istria  or  dis- 
trict of  Kristen,  the  dependent  islands  of  these  ceded  countries 
and  all  the  other  countries  under  whatsoever  denomination 
upon  the  right  bank  of  the  Save,  the  Thalweg  of  that  river 
serving  as  boundary  between  the  two  States ; lastly,  the  lord- 
ship  of  Razuns,  enclave  within  the  country  of  the  Grisons. 

3d.  He  cedes  and  abandons  to  His  Majesty  the  King  of 
Saxony  the  enclaves  dependent  upon  Bohemia  and  included 
within  the  territory  of  the  Kingdom  of  Saxony,  to  wit:  . . . 

4th.  He  cedes  and  abandons  to  His  Majesty  the  King  of 
Saxony,  in  order  to  be  united  to  the  Duchy  of  Warsaw,  all 
eastern  «r  new  Galicia,  a district  about  Cracow  upon  the 
right  bank  of  the  Vistula,  which  shall  be  determined  here- 
after, and  the  circle  of  Zamoste  in  eastern  Galicia. 


5th.  He  cedes  and  abandons  to  His  Majesty  the  Em- 
peror of  Russia,  in  the  most  eastern  part  of  former  Galicia, 
a territory  comprising  four  hundred  thousand  souls  of  pop- 
ulation, in  which  the  city  of  Brody  shall  be  included.  This 
territory  shall  be  determined  by  agreement  between  commis- 
sioners.of  the  two  Empires. 


14.  His  Majesty  the  Emperor  of  the  French,  King  of  Italy, 
Protector  of  the  Confederation  of  the  Rhine,  guarantees  the 
integrity  of  the  possessions  of  His  Majesty  the  Emperor  of 
Austria,  King  of  Hungary  and  of  Bohemia,  in  the  state  in 
which  they  are  according  to  the  present  treaty. 

16.  His  Majesty  the  Emperor  of  Austria  recognizes  all 
the  changes  which  have  occurred  or  which  may  occur  in 
Spain,  in  Portugal,  and  in  Italy. 

16.  His  Majesty  the  Emperor  of  Austria,  wishing  to  con- 
tribute to  the  return  of  maritime  peace,  adheres  to  the  pro- 
hibitive system  adopted  by  France  and  Russia  in  opposition 
to  England  for  the  present  maritime  war.  His  Imperial  Maj- 
esty will  cause  all  relations  with  Great  Britain  to  cease  and 


PRINTING  AND  BOOKSELLING  LAW 


433 


will  put  himself,  as  regards  the  English  Government,  in  the 
position  in  which  he  was  before  the  present  war. 

Separate  Articles. 

1.  In  virtue  of  the  authorisation  given  by  His  Majesty 
the  Emperor  of  Russia,  the  treaty  of  peace  of  this  day  is 
declared  to  be  common  to  Russia,  the  Ally  of  France. 

2.  His  Majesty  the  Emperor  of  Austria,  in  consequence 
of  the  diminution  of  his  possessions  and  being  anxious  to 
remove  everything  which  might  give  birth  to  uneasiness  and 
distrust  between  the  two  States,  as  well  as  to  manifest  his 
political  intentions,  binds  himself  to  reduce  the  rolls  of  his 
troops  in  such  a manner  that  the  total  number  of  the  troops 
of  all  arms  and  of  every  sort  shall  not  rise  above  150,000  men 
during  the  continuance  of  the  maritime  war. 

5.  His  Majesty  the  Emperor  of  Austria,  King  of  Hungary 
and  of  Bohemia,  shall  discharge  in  coin  that  which  remains 
to  be  paid  of  the  two  hundred  millions  of  contributions  im- 
posed upon  the  different  States  occupied  by  the  French  armies, 
whether  in  bank  notes  or  in  metallic  value.  In  order  to  fa- 
cilitate the  payment  of  this  sum,  His  Majesty  the  Emperor 
of  the  French  consents  to  reduce  it  to  85,000,000  francs.  . . . 


86.  Decree  upon  Printing  and  Bookselling. 

February  5,  1810.  Duvergier,  Lois,  XVII,  19-23. 

This  law  is  a sort  of  organic  act  upon  the  press.  It  co-ordi- 
nates and  consolidates  a number  of  earlier  measures  in  restraint 
of  freedom  of  printing.  The  system  delineated  in  the  document 
had  existed,  substantially  as  here  shown,  from  about  1804. 

References.  Dickinson,  Revolution  and  Reaction  in  Modern 
France,  46-48  ; Lanfrey,  Napoleon,  IV,  316-326. 

TITLE  I.  OF  THE  DIRECTORSHIP  OF  PRINTING  AND  BOOKSELLING. 

1.  There  shall  be  a director  general  charged,  under  the 
orders  of  our  minister  of  the  interior,  with  everything  that  is 
related  to  printing  and  bookselling. 


434 


PRINTING  AND  BOOKSELLING  LAW 


TITLE  II.  OF  THE  OCCUPATION  OF  PRINTER. 

3.  Dating  from  January  1,  1811,  the  number  of  printers 
in  each  department  shall  be  fixed,  and  that  of  the  printers 
at  Paris  shall  be  reduced  by  a sixth. 

5.  The  printers  shall  be  commissioned  and  sworn. 

6.  At  Paris  they  shall  be  required  to  have  four  presses, 
in  the  departments  two. 

9.  The  commission  of  printer  shall  be  given  by  our  director 
general  of  printing,  and  shall  be  subject  to  the  approval  of  our 
minister  of  the  interior;  it  shall  be  registered  at  the  civil  tri- 
bunal of  the  place  of  residence  of  the  grantee,  who  shall  there 
take  oath  not  to  print  anything  which  is  contrary  to  the  duties 
towards  the  sovereign  and  the  interest  of  the  State. 

TITLE  III.  OF  THE  POLICE  FOR  PRINTING. 

Section  I.  Of  the  guarantee  for  the  administration. 

10.  Printing  or  causing  to  be  printed  anything  which  can 
involve  injury  to  the  duties  of  subjects  towards  the  sovereign 
or  the  interests  of  the  State  is  forbidden. 

11.  Each  printer  shall  be  required  to  have  a book  num- 
bered and  lettered  by  the  prefect  of  the  department,  in  which 
he  shall  register,  by  order  of  dates,  the  title  of  each  work 
which  he  shall  wish  to  print,  and  the  name  of  the  author, 
if  it  is  known.  This  book  shall  be  presented  at  every  requi- 
sition, and  examined  and  endorsed,  if  it  is  thought  desirable, 
by  any  officer  of  police. 

12.  The  printer  shall  immediately  deliver  or  address  to 
the  director  general  of  printing  and  bookselling,  and  in  ad- 
dition to  the  prefects,  a copy  of  the  transcript  made  upon  his 
book ; and  the  declaration  that  he  has  an  intention  of  printing 
the  work : he  shall  be  given  a receipt  therefor. 

The  prefects  shall  give  information  of  each  of  these  dec- 
larations to  our  minister  of  the  general  police. 

13.  The  director  general  can  order,  if  it  seems  good  to 
him,  the  communication  and  examination  of  the  work,  and 
can  suspend  the  printing. 

14.  When  the  director  general  shall  have  suspended  the 
printing  of  a work,  he  shall  send  it  to  a censor  chosen  from 


PRINTING  AND  BOOKSELLING  LAW 


435 


among  those  whom  we,  upon  the  advice  of  the  director  general 
and  the  proposal  of  our  minister  of  the  interior,  shall  have  ap- 
pointed to  discharge  that  function. 

15.  Our  minister  of  the  general  police,  and  the  prefects  in 
their  departments,  shall  cause  to  be  suspended  the  printing 
of  all  works  which  shall  appear  to  them  to  be  in  contraven- 
tion to  article  10 : in  that  case,  the  manuscript  shall  be  sent 
within  twenty-four  hours  to  the  director  general,  as  is  said 
above. 

16.  Upon  the  report  of  the  censor,  the  director  general 
shall  indicate  to  the  author  the  changes  or  suppressions  deemed 
appropriate,  and,  upon  his  refusal  to  make  them,  shall  forbid 
the  sale  of  the  work,  shall  cause  the  forms  to  be  broken,  and 
shall  seize  the  sheets  or  copies  already  printed. 

TITLE  IV.  OF  BOOKSELLERS. 

29.  Dating  from  January  1,  1811,  booksellers  shall  be 
commissioned  and  sworn. 

30.  The  commissions  for  booksellers  shall  be  given  by  our 
director  general  of  printing,  and  shall  be  subject  to  the  ap- 
proval of  our  minister  of  the  interior : they  shall  be  registered 
at  the  civil  tribunal  of  the  place  of  residence  of  the  grantee, 
who  shall  there  take  oath  not  to  sell,  circulate  or  distribute 
any  work  contrary  to  the  duties  towards  the  sovereign  and  the 
interest  of  the  State. 

33.  For  the  future,  warrants  shall  not  be  granted  to  book- 
sellers who  shall  wish  to  establish  themselves,  except  after 
they  shall  have  furnished  proof  of  their  good  life  and  morals 
and  of  their  attachment  to  the  fatherland  and  the  sovereign. 

TITLE  V.  OF  BOOKS  PRINTED  ABROAD. 

34.  No  book  in  the  French  or  Latin  languages  printed 
abroad  can  enter  France  without  paying  an  import  duty. 

35.  This  duty  shall  not  be  less  than  fifty  per  cent  of  the 
value  of  the  work. 

36.  Independently  of  the  provisions  of  article  34,  no  book 
printed  or  reprinted  outside  of  France  can  be  introduced  into 
France  without  a permit  from  the  director  general  of  book- 
selling designating  the  custom  house  at  which  it  shall  enter. 


436 


THE  FRANKFORT  DECLARATION 


87.  The  Frankfort  Declaration. 


December  1,  1813.  British  and  Foreign  State  Papers,  I,  911. 


This  manifesto  of  the  Allied  Powers  was  issued  just  as  their 
armies  were  about  to  enter  France.  Its  purpose  as  shown  by 
various  expressions  in  the  document  should  be  noticed.  Its  phras- 
eology upon  such  points  as  the  future  of  France  and  its  boundaries 
also  requires  attention.  The  latter  may  be  compared  with  that  of 
the  first  draft  as  quoted  by  Fournier. 

References.  Fournier,  Napoleon,  648-650 ; Rose,  Napoleon, 
II,  346-347  ; Lavisse  and  Rambaud,  Histoire  Generate,  IN,  848-849. 

The  French  .Government  has  just  ordered  a new  levy  of 
300,000  conscripts.  The  reasons  of  the  senatus-consultum  con- 
tain a provocation  to  the  Allied  Powers.  They  find  themselves 
again  called  upon  to  promulgate  in  the  face  of  the  world  the 
views  which  govern  them  in  the  present  war,  the  principles 
which  constitute  the  basis  of  their  conduct,  their  views  and 
their  determinations. 

The  Allied  Powers  are  not  at  war  with  France,  but  with 
that  haughtily  announced  preponderance,  that  preponderance 
which,  to  the  misfortune  of  Europe  and  of  France,  the  Em- 
peror Napoleon  has  for  too  long  a time  exercised  outside  of 
the  boundaries  of  his  Empire. 

Victory  has  led  the  Allied  Armies  to  the  Rhine.  The  first 
use  which  their  Imperial  and  Royal  Majesties  have  made  of 
victory  has  been  to  offer  peace  to  Flis  Majesty  the  Emperor 
of  the  French.  An  attitude  reinforced  by  the  accession  of  all 
the  Sovereigns  and  Princes  of  Germany  has  not  had  any 
influence  upon  the  conditions  of  peace.  These  conditions  are 
founded  upon  the  independence  of  the  French  Empire,  as 
well  as  upon  the  independence  of  the  other  States  of  Europe. 
The  views  of  the  Powers  are  just  in  their  object,  generous  and 
liberal  in  their  application,  reassuring  for  all,  and  honorable 
for  each. 

The  Allied  Sovereigns  desire  that  France  should  be  great, 
strong  and  happy,  because  the  great  and  strong  French  Power 
is  one  of  the  fundamental  bases  of  the  social  edifice.  They 
desire  that  France  should  be  happy,  that  French  commerce 
should  rise  again,  and  that  the  arts,  those  blessings  of  peace, 
should  flourish  again,  because  a great  people  cannot  be  tran- 


CORPS-DEGISLATIF  address 


437 


quil  except  in  as  far  as  it  is  happy.  The  Powers  confirm  to 
the  French  Empire  an  extent  of  territory  which  France  never 
knew  under  its  Kings,  because  a valiant  nation  should  not  lose 
rank  for  having  in  its  turn  experienced  reverses  in  an  obstinate 
and  bloody  conflict,  in  which  it  has  fought  with  its  usual 
daring. 

But  the  Powers  also  wish  to  be  free,  happy  and  tranquil. 
They  desire  a state  of  peace  which,  by  a wise  distribution  of 
power  and  a just  equilibrium,  may  preserve  henceforth  their 
peoples  from  the  innumerable  calamities  which  for  the  past 
twenty  years  have  weighed  upon  Europe. 

The  Allied  Powers  will  not  lay  aside  their  arms  without 
having  attained  that  great  and  beneficent  result,  that  noble 
object  of  their  efforts.  They  will  not  lay  qside  their  arms 
until  the  political  condition  of  Europe  shall  be  again  consol- 
idated, until  immutable  principles  shall  have  resumed  their 
rights  over  vain  pretensions,  until  the  sanctity  of  treaties 
shall  have  finally  assured  a real  peace  for  Europe. 

Frankfort,  December  i,  1813. 


88.  Address  of  the  Corps- Legislatif  to  Napoleon. 

December  28,  1813.  Bucliez  and  Roux,  Histoire  Parlementaire, 
XXXIX,  456-458. 

This  address  was  drawn  up  after  Napoleon  had  submitted  to 
the  Corps-Legislatif  a portion  of  his  correspondence  with  the  Al- 
lies. Napoleon  forbade  its  publication  and  as  a sign  of  his  dis- 
pleasure dissolved  the  chamber.  The  document  throws  some  light 
upon  the  state  of  France,  its  attitude  towards  Napoleon  and  the 
war. 

References.  Fournier,  Napoleon,  650-652 ; Sloane,  Napoleon, 
IV,  85-86 ; Rose,  Napoleon,  II,  347-348  ; Davisse  and  Rambaud, 
Histoire  Generate , IX,  849-853. 

We  have  examined  with  a scrupulous  attention  the  official 
documents  which  the  Emperor  has  deigned  to  place  before  our 
eyes.  We  consider  ourselves  then  as  the  representatives  of  the 
nation  itself,  speaking  with  open  hearts  to  a father  who  hears 
us  with  benevolence.  Filled  with  that  sentiment  so  adapted 
to  the  elevation  of  our  souls  and  to  disengaging  us  from  every 
personal  consideration,  we  have  dared  to  bring  the  truth  to  the 


438 


CORPS-LEGISLATIF  ADDRESS 


foot  of  the  throne ; our  august  sovereign  could  not  suffer  any 
other  language. 


[The  omitted  passage  reviews  the  course  of  events  from  the 
outbreak  of  the  war  with  Russia  to  the  end  of  the  campaign 
of  1813.] 

Here,  gentlemen,  we  must  avow  it,  the  enemy  carried  along 
by  victory  to  the  banks  of  the  Rhine  has  offered  to  our  august 
monarch  a peace  which  a hero  accustomed  to  so  -much  suc- 
cess must  have  found  strange  indeed.  But  if  a manly  and 
heroic  sentiment  dictated  to  him  a refusal  before  the  deplor- 
able state  of  France  had  been  ascertained,  that  refusal  cannot 
be  reiterated  without  imprudence  when  the  enemy  is  already 
breaking  the  frontiers  of  our  territory.  If  the  matter  here  in 
question  had  been  the  discussion  of  disgraceful  conditions, 
His  Majesty  would  have  deigned  to  reply  only  by  making 
known  to  his  people  the  projects  of  the  foreigners ; there  is 
no  wish,  however,  to  humiliate  us,  but  to  confine  us  within 
our  limits  and  to  repress  the  soaring  of  an  ambitious  activity 
so  fatal  for  twenty  years  past  to  all  the  peoples  of  Europe. 

Such  proposals  seem  to  us  honorable  for  the  nation,  since 
they  prove  that  the  foreigner  fears  and  respects  us.  It  is 
not  he  who  sets  limits  to  our  power,  it  is  the  terrified  world 
which  invokes  the  common  right  of  nations.  The  Pyrenees, 
the  Alps  and  the  Rhine  enclose  a vast  territory  of  which  sev- 
eral provinces  were  not  held  by  the  Empire  of  the  Lilies,  and 
yet  the  royal  crown  of  France  was  radiant  with  glory  and 
majesty  among  all  the  diadems. 

Furthermore,  the  Protectorate  of  the  Rhine  ceases  to  be 
a title  of  honor  for  a crown,  from  the  moment  when  the  peo- 
ples of  that  confederation  disdain  that  protection. 

It  is  obvious  that  here  there  is  no  question  of  a right  of 
conquest,  but  of  a title  of  alliance  useful  only  to  the  Germans. 
A powerful  hand  was  assuring  them  of  its  assistance;  they 
wish  to  slip  away  from  that  benefaction  as  from  an  insup- 
portable burden ; it  is  consistent  with  the  dignity  of  His 
Majesty  to  abandon  to  themselves  those  peoples  who  are 
hastening  to  range  themselves  under  the  yoke  of  Austria.  As 
for  Brabant,  since  the  allies  propose  to  adhere  to  the  bases 


CORPS-LEGISLATIF  ADDRESS 


439 


of  the  treaty  of  Luneville,  it  seems  to  us  that  France  could 
sacrifice  without  loss  provinces  difficult  to  retain,  in  which  the 
English  spirit  dominates  almost  exclusively,  and  for  which, 
finally,  commerce  with  England  is  a necessity  so  indispen- 
sable that  these  districts  have  been  languishing  and  impover- 
ished as  long  as  our  domination  has  lasted.  Have  we  not 
seen  patrician  families  exiling  themselves  from  Dutch  soil, 
as  if  devastating  scourges  had  pursued  them,  and  taking  to 
the  enemy  the  wealth  and  industry  of  their  fatherland?  Doubt- 
less it  does  not  take  courage  to  make  the  heart  of  our  sov- 
ereign hear  the  truth ; but  we  should  be  bound  to  expose 
ourselves  to  all  perils,  we  should  prefer  to  incur  disgrace  from 
him  rather  than  to  betray  his  confidence,  and  to  expose  our 
lives  rather  than  the  safety  of  the  nation  which  we  represent. 

Let  us  not  dissemble : our  ills  are  at  their  height ; the  father- 
land  is  threatened  at  all  points  upon  its  frontiers ; commerce  is 
annihilated,  agriculture  languishes,  industry  is  expiring ; and 
there  is  not  a Frenchman  who  has  not  in  his  family  or  his 
fortune  a cruel  wound  to  heal.  Let  us  not  be  weighed  down 
by  these  facts ; the  agriculturalist  has  not  prospered  for  five 
years  past;  he  barely  lives,  and  the  fruits  of  his  labors  serve 
to  augment  the  treasure  which  is  annually  exhausted  in  the 
supplies  which  the  constantly  ruined  and  famished  armies  de- 
mand. The  conscription  has  become  for  all  France  an  odious 
scourge,  because  that  measure  has  always  been  overdone  in 
execution.  For  the  past  two  years  the  gathering  in  has  oc- 
curred three  times  per  year ; a barbarous  and  aimless  war 
has  swallowed  up  youths  torn  away  from  education,  agricul- 
ture, commerce  and  the  arts.  Are  the  tears  of  mothers  and 
the  pains  of  the  people  then  the  patrimony  of  kings?  It  is 
time  that  the  nations  should  be  in  repose;  it  is  time  that  the 
Powers  should  cease  clashing  and  tearing  each  others’ entrails  ; 
it  is  time  that  the  thrones  should  be  strengthened  and  that 
France  should  cease  to  be  reproached  with  wishing  to  carry 
into  all  the  world  revolutionary  torches.  Our  august  mon- 
arch, who  shares  the  zeal  that  animates  us  and  who  is  burning 
to  consolidate  the  welfare  of  his  peoples,  is  the  only  one  capa- 
ble of  performing  that  great  work.  Love  of  military  honor 
and  of  conquests  can  seduce  a magnanimous  heart;  but  the 
genius  of  a true  hero,  who  spurns  a glory  achieved  a,t  the  ex- 


440 


TREATY  OF  CHAUMONT 


pense  of  the  blood  and  repose  of  the  people,  finds  his  true 
grandeur  in  the  public  felicity  which  is  his  work.  French 
monarchs  have  always  gloried  in  holding  tlieir  crown  from 
God,  the  people  and  their  sword,  because  peace,  morality  and 
power  are,  with  liberty,  the  firmest  support  of  empires. 


89.  Treaty  of  Chaumont. 


March  1,  1814.  De  Clercq,  Traites,  II,  395-399.  Translation, 
Herstlet,  Map  of  Europe  by  Treaty,  2043-2048. 

This  treaty  in  terms  includes  only  Austria  and  Russia,  but 
Great  Britain  and  Prussia  were  included  in  similar  treaties  formed 
at  the  same  time.  Although  dated  March  1 the  treaty  was  not 
actually  signed  until  March  9.  The  terms  alluded  to  in  article 
1 were  those  offered  to  Napoleon  at  the  Congress  of  Chatillon.  As 
the  most  comprehensive  and  typical  of  the  series  of  treaties  which 
created  and  controlled  the  alliance  against  France  the  terms  of 
this  document  should  be  carefully  noted. 

References.  Fournier,  Napoleon,  665-666 ; Rose,  Napoleon, 
II,  370-371. 


His  Imperial  Majesty  and  Royal  Highness  the  Emperor  of 
Austria,  King  of  Hungary  and  of  Bohemia,  His  Majesty  the 
Emperor  of  all  the  Russias,  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland,  His  Maj- 
esty the  King  of  Prussia,  having  forwarded  to  the  French 
Government  proposals  for  the  conclusion  of  a general 
peace,  and  desiring,  in  case  France  should  refuse  the  conditions 
of  that  peace,  to  draw  closer  the  bonds  which  unite  them  for 
the  vigorous  prosecution  of  a war  undertaken  with  the  sal- 
utary purpose  of  putting  an  end  to  the  misfortunes  of  Europe 
by  assuring  future  repose  through  the  re-establishment  of  a 
just  equilibrium  of  the  Powers,  and  wishing  at  the  same  time, 
if  Providence  blesses  their  pacific  intentions,  to  settle  the 
methods  of  maintaining  against  every  attack  the  order  of 
things  which  shall  have  been  the  happy  result  of  their  efforts, 
have  agreed  to  sanction  by  a solemn  Treaty,  signed  separately 
by  each  of  the  four  Powers  with  the  other  three,  this  double 
engagement. 


TREATY  OF  CHAUMONT 


441 


1.  The  High  Contracting  Parties  above  named  solemnly 
engage  by  the  present  Treaty,  and  in  the  event  of  France  re- 
fusing to  accede  to  the  Conditions  of  Peace  now  proposed,  to 
apply  all  the  means  of  their  respective  States  to  the  vigorous 
prosecution  of  the  War  against  that  Power,  and  to  employ 
them  in  perfect  concert,  in  order  to  obtain  for  themselves  and 
for  Europe  a General  Peace,  under  the  Protection  of  which 
the  Rights  and  Liberties  of  all  Nations  may  be  established  and 
secured. 

This  engagement  shall  in  no  respect  affect  the  Stipulations 
which  the  several  Powers  have  already  contracted  relative 
to  the  number  of  Troops  to  be  kept  against  the  Enemy;  and 
it  is  understood  that  the  Courts  of  England,  Austria,  Russia, 
and  Prussia  engage  by  the  present  Treaty  to  keep  in  the  field, 
each  of  them,  150,000  effective  men,  exclusive  of  garrisons,  to 
be  employed  in  active  service  against  the  common  Enemy. 

2.  The  High  Contracting  Parties  reciprocally  engage  not 
to  treat  separately  with  the  common  Enemy,  nor  to  sign  Peace, 
Truce,  nor  Convention,  but  with  common  consent.  They,  more- 
over, engage  not  to  lay  down  their  Arms  until  the  object  of 
the  War,  mutually  understood  and  agreed  upon,  shall  have 
been  attained. 

3.  In  order  to  contribute  in  the  most  prompt  and  decisive 
manner  to  fulfill  this  great  object.  His  Britannic  Majesty  en- 
gages to  furnish  a Subsidy  of  £5,000,000  for  the  service  of  the 
year  1814,  to  be  divided  in  equal  proportions  amongst  the 
three  Powers;  and  His  said  Majesty  promises,  moreover,  to  ar- 
range before  the  1st  of  January  in  each  year,  with  their  impe- 
rial and  Royal  Majesties,  the  further  succours  to  be  furnished 
during  the  subsequent  year,  if  (which  God  forbid)  the  War 
should  so  long  continue. 

5.  The  High  Contracting  Parties,  reserving  to  themselves 
to  concert  together,  on  the  conclusion  of  a peace  with  France, 
as  to  the  means  best  adapted  to  guarantee  to  Europe,  and  to 
themselves  reciprocally,  the  continuance  of  the  Peace,  have 
also  determined  to  enter,  without  delay,  into  defensive  en- 
gagements for  the  Protection  of  their  respective  States  in 
Europe  against  every  attempt  which  France  might  make  to 
infringe  the  order  of  things  resulting  from  such  Pacification. 


442 


TREATY  OF  CHAUMONT 


6-  To  effect  this,  they  agree  that  in  the  event  of  one  of 
the  High  Contracting  Parties  being  threatened  with  an  Attack 
on  the  part  of  France,  the  others  shall  employ  their  most 
strenuous  efforts  to  prevent  it,  by  friendly  interposition. 

7.  In  case  of  these  endeavours  proving  ineffectual,  the. High 
Contracting  Parties  promise  to  come  to  the  immediate  assist- 
ance of  the  Power  attacked,  each  with  a body  of  60,000  men. 

9.  As  the  situation  of  the  Seat  of  War,  or  other  circum- 
stances, might  render  it  difficult  for  Great  Britain  to  furnish 
the  stipulated  succours  in  English  troops  within  the  term  pre- 
scribed, and  to  maintain  the  same  on  a War  establishment,  His 
Britannic  Majesty  reserves  the  right  of  furnishing  his  con- 
tingent to  the  requiring  Power  in  Foreign  Troops  in  his  pay, 
or  to  pay  annually  to  that  Power  a sum  of  money,  at  the  rate 
of  £20  per  man  for  infantry,  and  of  £30  for  cavalry,  until  the 
stipulated  succour  shall  be  complete. 

13.  The  High  Contracting  Parties  mutually  promise,  that 
in  case  they  shall  be  reciprocally  engaged  in  hostilities,  in  con- 
sequence of  furnishing  the  stipulated  Succours,  the  party  re- 
quiring and  the  parties  called  upon,  and  acting  as  Auxiliaries  in 
the  War,  shall  not  make  Peace  but  by  common  consent. 

15.  In  order  to  render  more  effectual  the  Defensive  En- 
gagements above  stipulated,  by  uniting  for  their  common  de- 
fence the  Powers  the  most  exposed  to  a French  invasion,  the 
High  Contracting  Parties  engage  to  invite  those  Powers  to 
accede  to  the  present  Treaty  of  Defensive  Alliance. 

16.  The  present  Treaty  of  Defensive  Alliance  having  for  its 
object  to  maintain  the  equilibrium  of  Europe,  to  secure  the 
repose  and  Independence  of  its  States,  and  to  prevent  the 
Invasions  which  during  so  many  years  have,  desolated  the 
World,  the  High  Contracting  Parties  have  agreed  to  extend 
the  duration  of  it  to  20  years,  to  take  date  from  the  day  of  its 
signature ; and  they  reserve  to  themselves  to  concert  upon 
its  ulterior  prolongation  three  years  before  its  expiration, 
should  circumstances  require  it. 


TRANSITION  TO  RESTORATION  MONARCHY 


443 


90.  Documents  upon  the  Transition  to  the  Restoration 
Monarchy. 


As  a group  these  documents  show  how  the  government  of 
France  passed  from  Napoleon  to  Louis  XVIII.  Taken  separately 
several  of  them  are  of  additional  interest.  Document  A should 
be  compared  with  No.  87.  The  indictment  of  the  Napoleonic 
regime  drawn  in  document  C deserves  careful  attention.  Docu- 
ments D and  F should  be  compared.  The  character  of  the  system 
of  government  which  the  Senate  in  document  E proposed  to  es- 
tablish should  be  compared  with  that  actually  established  by  No. 
93. 

References.  Fournier,  Napoleon,  672-678  ; Rose,  Napoleon, 
II,  389-398  ; Seignobos,  Europe  Since  1814,  104-105  ; Lavisse  and 
Rambaud,  Histoire  Generate,  IX,  881-888. 

A.  Proclamation  of  the  Allies.  March  31,  1814.  De  Cltrcq, 
Traites,  II,  400-401. 

The  armies  of  the  Allied  Powers  have  occupied  the  Capital 
of  France.  The  Allied  Sovereigns  honor  the  wish  of  the 
French  nation ; they  declare  : 

That  if  the  conditions  of  peace  should  include  some  strong- 
er guarantees  when  dealing  with  the  enchaining  of  the  am- 
bition of  Bonaparte,  they  must  be  more  favorable  when,  by 
a return  to  a wise  government,  France  itself  shall  offer  assur- 
ance of  repose.  The  Sovereigns  proclaim  in  consequence : 

That  they' will  no  longer  treat  with  Napoleon  Bonaparte, 
nor  with  any  member  of  his  family. 

That  they  respect  the  integrity  of  ancient  France,  as  it  was 
under  its  legitimate  Kings ; they  can  even  do  more,  because 
they  will  always  respect  the  principle,  that  for  the  welfare 
of  Europe  it  is  necessary  that  France  should  be  great  and 
strong. 

They  will  recognize  and  guarantee  the  Constitution  which 
the  French  nation  shall  give  itself.  In  consequence,  they  in- 
vite the  Senate  to  designate  immediately  a Provisional  Gov- 
ernment which  can  look  after  the  needs  of  the  administration 
and  prepare  the  Constitution  which  shall  be  appropriate  for  the 
French  People. 

The  intentions  which  I have  just  expressed  are  common  to 
all  the  Allied  Powers.  Alexander. 

Paris,  March  31,  1814. 


444 


TRANSITION  TO  RESTORATION  MONARCHY 


B.  Act  of  the  Senate.  April  i,  1814.  Duvergier,  Lois, 
XIX,  1-2. 

The  Senate  resolves : 

1.  That  there  shall  be  established  a provisional  govern- 
ment charged  to  look  after  the  needs  of  the  administration 
and  to  present  to  the  Senate  a project  for  a constitution  which 
may  be  suitable  for  the  French  people  ; 

2.  That  this  government  shall  be  composed  of  five  members. 

C.  Decree  for  Deposing  Napoleon.  April  3-4,  1814.  Du- 
vergier, Lois,  XIX,  3-4. 

The  Conservative  Senate, 

Considering  that,  in  a constitutional  monarchy,  the  monarch 
exists  only  in  virtue  of  the  constitution  or  of  the  social  com- 
pact : 

That  Napoleon  Bonaparte,  during  a short  time  of  firm  and 
prudent  government,  gave  to  the  nation  grounds  for 
counting  upon  acts  of  wisdom  and  justice  in  the  future;  but 
that  afterwards  he  broke  the  compact  which  united  him  with 
the  French  people,  especially  in  raising  imposts  and  in  estab- 
lishing taxes  otherwise  than  in  virtue  of  the  law,  contrary 
to  the  express  tenor  of  the  oath  which  he  had  taken  at  his 
accession  to  the  throne,  in  conformity  with  article  53  of  the 
constitutions  of  28  Floreal,  Year  XII; 

That  he  has  committed  this  attack  upon  the  rights  of  the 
people  also  when  he  proceeded  to  adjourn  the  Corps-Legislatif 
without  necessity,  and  caused  to  be  suppressed  as  criminal 
a report  of  that  bod}'’,  in  which  his  title  and  his  part  in  the 
national  representation  were  contested ; 

That  he  has  undertaken  a series  of  wars  in  violation  of 
article  50  of  the  act  of  the  constitutions  of  22  Frimaire,  Year 
VIII,  which  provides  that  a declaration  of  war  should  be 
proposed,  discussed,  decreed  and  promulgated  as  are  the  laws; 

That  he  has  unconstitutionally  rendered  several  decrees 
involving  the  death  penalty,  especially  the  two  of  March  5th 
last,  the  tendency  of  which  was  to  cause  to  be  considered  as 
national  a war  which  had  occurred  only  in  the  interest  of  his 
unmeasured  ambition ; 


TRANSITION  TO  RESTORATION  MONARCHY 


445 


That  he  has  violated  the  constitutional  laws  by  his  decrees 
upon  the  State  prisons ; 

That  he  has  destroyed  the  responsibility  of  the  ministers, 
confounded  all  the  powers,  and  destroyed  the  independence  of 
the  judicial  bodies ; 

Considering  that  the  liberty  of  the  press,  established  and  con- 
secrated as  one  of  the  rights  of  the  nation,  has  been  constantly 
subjected  to  the  arbitrary  censorship  of  his  police,  and  that 
at  the  same  time  he  has  always  made  use  of  the  press  in  order 
to  fill  France  and  Europe  with  imaginary  facts,  false  maxims, 
doctrines  favorable  to  despotism,  and  outrages  against  foreign 
governments ; 

That  the  acts  and  reports  agreed  to  by  the  Senate  have  sus- 
tained alterations  in  the  publication  which  has  been  made  of 
them  ; 

Considering  that  instead  of  reigning  with  a sole  view  to  the 
interest,  welfare  and  glory  of  the  French  people,  according  to 
the  terms  of  his  oath,  Napoleon  has  put  the  capstone  to  the 
misfortunes  of  the  fatherland  by  his  refusal  to  treat  for  con- 
ditions which  the  national  interest  would  oblige  him  to  accept 
and  which  did  not  compromise  French  honor; 

By  the  abuse  which  he  has  made  of  all  the  means  in  men 
and  money  which  have  been  confided  to  him ; 

By  the  abandonment  of  the  wounded  without  the  dressing 
of  their  wounds,  without  relief,  and  without  food ; 

By  different  measures  of  which  the  results  were  the  ruin 
of  the  cities,  the  depopulation  of  the  country,  famine  and  con- 
tagious diseases ; 

Considering  that  by  all  these  causes  the  Imperial  Govern- 
ment, established  by  the  senatus-consultum  of  28  Floreal,  Year 
XII,  has  ceased  to  exist,  and  that  the  express  wish  of  all 
Frenchmen  calls  for  an  order  of  things  of  which  the  first  result 
may  be  the  re-establishment  of  the  general  peace,  and  which 
may  be  also  the  epoch  of  a solemn  reconciliation  among  all  the 
States  of  the  great  European  family; 

The  Senate  declares  and  decrees  as  follows : 

1.  Napoleon  Bonaparte  has  forfeited  the  throne,  and  the 
right  of  inheritance  established  in  his  family  is  abolished. 

2.  The  French  people  and  army  are  absolved  from  the  oath 
of  fidelity  to  Napoleon  Bonaparte. 


446  TRANSITION  TO  RESTORATION  MONARCHY 


3-  The  present  decree  shall  be  transmitted  by  a message 
to  the  provisional  government  of  France,  sent  at  once  to  all 
the  departments  and  to  the  armies,  and  proclaimed  immediate- 
ly in  all  the  quarters  of  the  capital. 

D.  First  Abdication  of  Napoleon.  April  4,  1814.  Helie, 
Constitutions,  878. 

The  allied  powers  having  proclaimed  that  the  Emperor  Na- 
poleon was  the  sole  obstacle  to  the  re-establishment  of  peace 
in  Europe,  the  Emperor  Napoleon,  faithful  to  his  oath,  declares 
that  he  is  ready  to  descend  from  the  throne,  to  leave  France 
and  even  to  lay  down  his  life  for  the  welfare  of  the  fatherland, 
which  cannot  be  separated  from  the  rights  of  his  son,  those  of 
the  regency  of  the  Empress,  and  the  laws  of  the  Empire. 

Done  at  our  palace  of  Fontainebleau,  April  4,  1814. 

Napoleon. 

E.  The  Senate's  Proposed  Constitution.  April  6,  1814. 
Duvergier,  Lois,  XIX,  6-8. 

The  Conservative  Senate,  deliberating  upon  the  project  of 
a constitution  which  has  been  presented  to  it  by  the  Provisional 
Government,  in  execution  of  the  act  of  the  Senate  of  the  1st  of 
this  month. 

After  having  heard  the  report  of  a special  commission  of 
seven  members, 

Decrees  as  follows : 

x.  The  French  Government  is  monarchical  and  hereditary 
from  male  to  male,  by  order  of  primogeniture. 

2.  The  French  people  freely  summon  to  the  throne  of 
France  Louis-Stanislas-Xavier  of  France,  brother  of  the  late 
king,  and,  after  him,  the  other  members  of  the  House  of  Bour- 
bon in  the  old  order. 

3.  The  old  nobility  resume  their  titles : the  new  retain  theirs 
hereditarily.  The  Legion  of  Honor  is  maintained  with  its  pre- 
rogatives ; the  King  shall  determine  the  decoration. 

4.  The  executive  power  belongs  to  the  King. 

5.  The  King,  the  Senate  and  the  Corps-Legislatif  co-oper- 
ate in  the  formation  of  the  laws. 


TRANSITION  TO  RESTORATION  MONARCHY 


447 


Projects  of  law  can  be  proposed  both  in  the  Senate  and  in 
the  Corps-Legislatif. 

Those  relative  to  taxes  can  be  proposed  only  in  the  Corps- 
Legislatif. 

The  King  can  likewise  invite  the  two  bodies  to  occupy 
themselves  with  matters  which  he  deems  in  need  of  consider- 
ation. 

The  sanction  of  the  King  is  necessary  for  the  completion  of 
the  law. 

6.  There  are  at  least  one  hundred  and  fifty  senators  and 
two  hundred  at  most. 

Their  rank  is  irremovable  and  hereditary  from  male  to  male, 
by  order  of  primogeniture.  They  are  appointed  by  the  King. 

The  present  senators,  with  the  exception  of  those  who  may 
renounce  the  attribute  of  French  citizenship,  are  retained  and 
make  part  of  that  number  The  present  endowment  of  the  Sen- 
ate and  of  the  senatorships  belongs  to  them.  The  revenues 
thereof  are  likewise  divided  among  them  and  pass  to  their  suc- 
cessors. In  case  of  the  death  of  a senator  without  direct  male 
posterity,  his  portion  returns  to  the  Public  Treasury.  The 
senators  who  shall  be  appointed  in  the  future  cannot  have  part 
in  this  endowment. 

7.  The  princes  of  the  royal  family  and  the  princes  of  the 
blood  are  by  right  members  of  the  Senate. 

They  cannot  exercise  the  functions  of  a senator  until  after 
they  have  reached  the  age  of  majority. 

8.  The  Senate  determines  the  cases  in  which  the  discus- 
sion of  the  matters  that  it  treats  shall  be  public  or  secret. 

9.  Each  department  shall  select  the  same  number  of  depu- 
ties to  the  Corps-Legislatif  which  it  was  sending  there. 

The  deputies  who  were  sitting  in  the  Corps-Legislatif  at  the 
time  of  its  last  adjournment  shall  continue  to  sit  there  until 
their  replacement.  All  shall  retain  their  stipend. 

For  the  future  they  shall  be  directly  chosen  by  the  electoral 
colleges,  which  are  retained,  subject  to  the  changes  which  may 
be  made  by  a law  upon  their  organization. 

The  duration  of  the  functions  of  the  deputies  of  the  Corps- 
Legislatif  is  fixed  at  five  years. 

New  elections  shall  take  place  for  the  session  of  1816. 

10.  The  Corps-Legislatif  assembles  of  right  October  1st 


448  TRANSITION  TO  RESTORATION  MONARCHY 


of  each  year.  The  King  can  convoke  it  extraordinarily.  He 
can  adjourn  it;  he  can  also  dissolve  it:  but  in  this  last  case, 
another  Corps-Legislatif  must  be  formed,  within  three  months 
at  the  latest,  by  the  electoral  colleges. 

11.  The  Corps-Legislatif  has  the  right  of  discussion.  The 
sittings  are  public,  except  in  the  case  in  which  it  thinks  that  it 
is  expedient  to  form  itself  into  committee  of  the  whole. 

12.  The  Senate,  the  Corps-Legislatif,  the  electoral  colleges, 
and  the  cantonal  assemblies,  elect  their  presidents  from  within 
their  own  midst. 

13.  No  member  of  the  Senate  or  of  the  Corps-Legislatif 
can  be  arrested  without  a prior  authorisation  of  the  body  to 
which  he  belongs. 

The  trial  of  an  accused  member  of  the  Senate  or  of  the 
Corps-Legislatif  belongs  exclusively  to  the  Senate. 

14.  The  ministers  can  be  members  either  of  the  Senate  or 
of  the  Corps-Legislatif. 

15.  Equality  of  proportion  in  taxation  is  a matter  of  right. 
No  tax  can  be  established  or  collected,  unless  it  has  been  freely 
consented  to  by  the  Corps-Legislatif  and  the  Senate.  The  land 
tax  can  be  established  only  for  one  year.  The  budget  of  the 
following  year  and  the  accounts  of  the  preceding  j'ear  are  pre- 
sented each  year  to  the  Corps-Legislatif  and  the  Senate  at  the 
opening  of  the  session  of  the  Corgs-Legislatif. 

16.  The  law  shall  determine  the  mode  and  the  quota  of  the 
recruiting  for  the  army. 

17.  The  independence  of  the  judicial  authority  is  guaran- 
teed. Nobody  can  be  deprived  of  his  natural  judges. 

The  jury  system  is  retained,  as  well  as  publicity  of  proceed- 
ings in  criminal  matters. 

The  penalty  of  confiscation  of  goods  is  abolished. 

The  King  has  the  right  to  grant  pardons. 

18.  The  ordinary  courts  and  tribunals  actually  in  exist- 
ence are  retained ; their  number  cannot  be  increased  nor  di- 
minished except  in  virtue  of  a law.  The  judges  are  for  life 
and  are  irremovable,  with  the  exception  of  the  justices  of  the 
peace  and  the  commercial  judges.  The  extraordinary  commis- 
sions and  tribunals  are  suppressed,  and  they  cannot  be  re- 
established. 

19.  The  Court  of  Cassation,  the  courts  of  appeal  and  the 


TRANSITION  TO  RESTORATION  MONARCHY 


449 


tribunals  of  first  instance  propose  to  the  King  three  candidates 
for  each  position  as  judge  which  is  vacant  in  their  body;  the 
King  chooses  one  of  the  three.  The  King  appoints  the  first 
presidents  and  the  public  minister  of  the  courts  and  tribunals. 

20.  Military  men  in  active  service,  officers  and  soldiers  in 
retirement,  pensioned  widows  and  officers,  preserve  their  ranks, 
their  honors  and  their  pensions. 

21.  The  person  of  the  King  is  inviolable  and  sacred.  All 
the  acts  of  the  Government  are  signed  a minister.  The 
ministers  are  responsible  for  everything  which  these  acts  may 
contain  which  is  injurious  to  the  laws,  to  public  and  private 
liberty,  and  to  the  rights  of  citizens. 

22.  Liberty  of  worship  and  of  conscience  is  guaranteed. 
The  ministers  of  the  sects  are  equally  paid  ana  protected. 

23.  The  liberty  Of  the  press  is  complete,  saving  the  legal 
repression  of  offences  which  might  result  from  the  abuse  of 
that  liberty.'  The  senatorial  commissions  of  liberty  of  the  press 
and  of  personal  liberty  are  retained. 

24.  The  public  debt  is  guaranteed. 

The  .sales  of  the  national  lands  are  irrevocably  maintained. 

25.  No  Frenchman  can  be  questioned  for  the  opinions  or 
votes  which  he  may  have  given. 

26.  Any  person  has  the  right  to  address  individual  pe- 
titions to  any  constituted  authority. 

27.  All  Frenchmen  are  equally  eligible  to  all  civil  and  mil- 
itary employments. 

28.  All  actually  existing  laws  remain  in  force  until  they 
may  be  legally  altered.  The  Code  of  civil  laws  shall  be  en- 
titled Civil  Code  of  the  French. 

29.  The  present  constitution  shall  be  submitted  for  the 
acceptance  of  the  French  people  in  the  form  which  shall  be  reg- 
ulated. Louis-Stanislas-Xavier  shall  be  proclaimed  King  of 
the  French,  as  soon  as  he  shall  have  sworn  and  signed  by  an 
act  declaring:  I accept  the  constitution ; I swear  to  observe  it 
and  to  cause  it  to  be  observed.  This  oath  shall  be  reiterated 
in  the  solemn  ceremony  by  which  he  shall  receive  the  oath 
of  fidelity  of  the  French. 

F.  Second  Abdication  of  Napoleon.  April  ix,  1814.  De 
Clercq,  Traites,  II,  402. 

The  Allied  Powers  having  proclaimed  that  the  Emperor 

15 


450 


TRANSITION  TO  RESTORATION  MONARCH* 


Napoleon  was  the  sole  obstacle  to  the  re-establishment  of 
peace  in  Europe,  the  Emperor  Napoleon,  faithful  to  his  oath, 
declares  that  he  renounces,  for  himself,  and  for  his  heirs,  the 
thrones  of  France  and  Italy,  and  that  there  is  no  personal  sac- 
rifice, even  that  of  life,  which  he  would  not  be  ready  to  make 
in  the  interest  of  France. 

Done  at  the  palace  of  Fontainebleau,  April  n,  1814. 

Napoleon. 

G.  Treaty  of  Fontainebleau.  April  ir,  1814.  De  Clercq, 
Traitcs,  II,  402-405. 

His  Majesty  the  Emperor  Napoleon  of  the  one  part,  and 
their  Majesties  the  Emperor  of  Austria,  the  King  of  Prussia 
and  the  Emperor  of  all  the  Russias,  stipulating  both  in  their 
names  and  in  those  of  their  allies,  ... 

1.  His  Majesty  the  Emperor  Napoleon  renounces  for  him- 
self, his  successors  and  descendants,  as  well  as  for  all  the 
members  of  his  family,  all  right  of  sovereignty  and  dominion, 
as  well  to  the  French  Empire  and  the  Kingdom  of  Italy  as  to 
every  other  country. 

2.  Their  Majesties  the  Emperor  Napoleon  and  the  Em- 
press Maria  Louisa  shall  retain  their  titles  and  ranks,  to  be 
enjoyed  during  their  lives.  The  mother,  brothers,  sisters, 
nephews  and  nieces  of  the  Emperor  shall  retain,  wherever 
they  may  be,  the  title  of  Princes  of  his  family. 

3.  The  island  of  Elba,  adopted  by  His  Majesty  the  Em- 
peror Napoleon  as  the  place  of  his  residence,  shall  form,  during 
his  life,  a separate  Principality,  which  shall  be  possessed  by 
him  in  full  sovereignty  and  ownership.  There  shall  be  given 
besides,  in  full  property,  to  the  Emperor  Napoleon,  an  annual 
revenue  of  2,000,000  francs  in  rent  charges  upon  the  ledger  of 
France,  of  which  1,000,000  shall  be  in  reversion  to  the  Empress. 

5.  The  Duchies  of  Parma,  Piacenza,  and  Guastalla  shall 
be  given  in  full  ownership  and  sovereignty  to  Her  Majesty 
the  Empress  Maria  Louisa.  They  shall  pass  to  her  son  and  to 
his  descendants  in  the  direct  line.  The  Prince,  her  son,  shall 
take  from  this  moment  the  title  of  Prince  of  Parma,  Piacenza 
and  Guastalla. 


TREATY  OF  PARIS 


451 


6.  There  shall  be  reserved  in  the  countries  which  the  Em- 
peror Napoleon  renounces  for  himself  and  his  family  domains 
or  dower  of  rents  upon  the  ledger  of  France  producing  a net 
annual  income,  after  deduction  of  all  charges  is  made,  of 
2,500,000  francs.  These  domains  or  rents  shall  belong  in  full 
ownership,  and  to  be  disposed  of  as  shall  seem  good  to  them, 
to  the  Princes  and  Princesses  of  his  family  and  shall  be  ap- 
portioned among  them  in  such  a manner  that  the  income  of 
each  may  be  in  the  following  proportion : 


91.  Treaty  of  Paris. 

May  30,  1814.  Herstlet,  Map  of  Europe  by  Treaty,  1-19. 

Two  features  of  this  treaty  call  for  particular  notice.  (1)  The 
territorial  limits  of  France  should  be  compared  with  those  ex- 
isting- prior  to  17S9,  those  of  various  subsequent  dates  such  as 
1795  and  1810,  and  those  which  on  different  occasions  during  1813 
and  1814  were  offered  to  Napoleon.  (2)  The  stipulations  relative 
to  the  congress  which  subsequently  met  at  Vienna  may  be  com- 
pared with  those  in  No.  73  and  the  arrangements  effected  by  the 
Congress  of  Vienna.  The  negative  features  of  the  treaty  may  be 
profitably  noticed. 

References.  Andrews,  Modern  Europe,  I.  89-90  ; Fyffe,  Mod- 
ern Europe,  I,  536-541  (Popular  ed.,  360-364)  ; Rose,  Napoleon, 
II,  401  ; Lavisse  and  Rambaud,  Histoire  Generate,  X,  1-4. 

In  the  Name  of  the  Most  Holy  and  Undivided  Trinity. 

His  Majesty,  the  King  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  and  his  Allies  on  the  one  part,  and  His 
Majesty  the  King  of  France  and  Navarre  on  the  other  part, 
animated  by  an  equal  desire  to  terminate  the  long  agitations 
of  Europe,  and  the  sufferings  of  Mankind,  by  a permanent 
Peace,  founded  upon  a just  repartition  of  force  between  its 
States,  and  containing  in  its  Stipulations  the  pledge  of  its 
durability,  and  His  Britannic  Majesty,  together  with  his  Allies, 
being  unwilling  to  require  of  France,  now  that,  replaced  under 
the  paternal  Government  of  Her  Kings,  she  offers  the  assur- 
ance of  security  and  stability  to  Europe,  the  conditions  and 
guarantees  which  they  had  with  regret  demanded  from  her 
former  Government,  Their  said  Majesties  have  named  Plen- 


452 


TREATY  OF  PARIS 


ipotentiaries  to  discuss,  settle,  and  sign  a Treaty  of  Peace 
and  Amity;  namely, 

1.  There  shall  he  from  this  day  forward  perpetual  Peace 
and  Friendship  between  His  Britannic  Majesty  and  his  Allies 
on  the  one  part,  and  His  Majesty  the  King  of  France  and  Na- 
varre on  the  other,  their  Heirs  and  Successors,  their  Domin- 
ions and  Subjects,  respectively. 

The  High  Contracting  Parties  shall  devote  their  best  at- 
tention to  maintain,  not  only  between  themselves,  but,  inas- 
much as 'depends  upon  them,  between  all  the  States  of  Europe, 
that  harmony  and  good  understanding  which  are  so  necessary 
for  their  tranquility. 

2.  The  Kingdom  of  France  retains  its  limits  entire,  as  they 
existed  on  the  ist  of  January,  1792.  It  shall  further  receive  the 
increase  of  Territory  comprised  within  the  line  established  by 
the  following  Article : 

3.  On  the  side  of  Belgium,  Germany,  and  Italy,  the  Ancient 
Frontiers  shall  be  re-established  as  they  existed  on  the  ist  of 
January,  1792,  extending  from  the  North  Sea,  between  Dun- 
kirk and  Nieuport  to  the  Mediterranean  between  Cagnes  and 
Nice,  with  the  following  modifications : 

[This  line  is  shown  by  maps  in  Herstlet,  Map  of  Europe 
hy  Treaty,  28-29.] 

France  on  her  part  renounces  all  rights  of  Sovereignty,  Su- 
zerainty, etc.,  and  of  possession,  over  all  the  Countries,  Dis- 
tricts, Towns,  and  places  situated  beyond  the  Frontier  above 
described,  the  Principality  of  Monaco  being  replaced  on  the 
same  footing  on  which  it  stood  before  the  ist  of  January,  1792. 

The  Allied  Powers  assure  to  France  the  possession  of  the 
Principality  of  Avignon,  of  the  Comitat  Venaissin,  of  the 
Comte  of  Montbeliard,  together  with  the  several  insulated 
Territories  which  formerly  belonged  to  Germany,  compre- 
hended within  the  Frontier  above  described,  whether  they  have 
been  incorporated  with  France  before  or  after  the  ist  of 
January,  1792. 

5.  The  Navigation  of  the  Rhine,  from  the  point  where  it 


TREATY  OF  PARIS 


453 


becomes  navigable  unto  the  sea,  and  vice  versa,  shall  be  free, 
so  that  it  can  be  interdicted  to  no  one : — and  at  the  future 
Congress  attention  shall  be  paid  to  the  establishment  of  the 
principles  according  to  which  the  duties  to  be  raised  by  the 
States  bordering  on  the  Rhine  may  be  regulated,  in  the  mode 
the  most  impartial  and  the  most  favourable  to  the  commerce  of 
all  Nations. 

The  future  Congress,  wth  a view  to  facilitate  the  com- 
munication between  Nations  and  continually  to  render  them 
less  strangers  to  each  other,  shall  likewise  examine  and  deter- 
mine in  what  manner  the  above  provisions  can  be  extended  to 
other  Rivers  which,  in  their  navigable  course,  separate  or 
traverse  different  States. 

6.  Holland,  placed  under  the  sovereignty  of  the  House  of 
Orange,  shall  receive  an  increase  of  Territory.  The  title  and 
exercise  of  that  Sovereignty  shall  not  in  any'  case  belong  to  a 
Prince  wearing,  or  destined  to  wear,  a Foreign  Crown. 

The  States  of  Germany  shall  be  independent,  and  united 
by  a Federative  Bond. 

Switzerland,  Independent,  shall  continue  to  govern  herself. 

Italy,  beyond  the  limits  of  the  countries  which  are  to  revert 
to  Austria,  shall  be  composed  of  Sovereign  States. 

7.  The  Island  of  Malta  and  its  Dependencies  shall  belong 
iti  full  right  and  Sovereignty  to  His  Britannic  Majesty. 

8.  His  Britannic  Majesty,  stipulating  for  himself  and  his 
Allies,  engages  to  restore  to  His  Most  Christian  Majesty, 
within  the  term  which  shall  be  hereafter  fixed,  the  Colonies, 
Fisheries,  Factories,  and  Establishments  of  every  kind  which 
were  possessed  by  France  on  the  1st  of  January,  1792,  in  the 
Seas  and  on  the  Continents  of  America,  Africa,  and  Asia ; 
with  the  exception,  however,  of  the  Islands  of  Tobago  and  St. 
Lucia,  and  of  the  Isle  of  France  and  its  Dependencies,  especial- 
ly Rodrigues  and  Les  Sechelles,  which  several  Colonies  and 
possessions  His  Most  Christian  Majesty  cedes  in  full  right  and 
Sovereignty  to  His  Britannic  Majesty,  and  also  the  portion  of 
St.  Domingo  ceded  to  France  by  the  Treaty  of  Basle,  and 
which  His  Most  Christian  Majesty  restores  in  full  right  and 
Sovereignty  to  His  Catholic  Majesty. 


454 


TREATY  OF  PARIS 


Additional,  Separate,  and  Secret  Articles. 

1.  The  disposal  of  the  Territories  given  up  by  His  Most 
Christian  Majesty,  under  the  3d  Article  of  the  Public 
Treaty,  and  the  relations  from  whence  a system  of  real  and 
permanent  Balance  of  Power  in  Europe  is  to  be  derived,  shall 
be  regulated  at  the  Congress  upon  the  principles  determined 
upon  by  the  Allied  Powers  among  themselves,  and  accord- 
ing to  the  general  provisions  contained  in  the  following  Arti- 
cles. 

2.  The  possessions  of  His  Imperial  and  Royal  Apostolic 
Majesty  in  Italy,  shall  be  bounded  by  the  Po,  the  Tessino, 
and  the  Lago  Maggie  re.  The  King  of  Sardinia  shall  return  to 
the  possession  of  his  ancient  Dominions,  with  the  exception 
of  that  part  of  Savoy  secured  to  France  by  the  3d  Article 
of  the  present  Treaty.  Plis  Majesty  shall  receive  an  increase 
of  Territory  from  the  State  of  Genoa. 

The  Port  of  Genoa  shall  continue  to  be  a Free  Port;  the 
Powers  reserving  to  themselves  the  right  of  making  arrange- 
ments upon  this  point  with  the  King  of  Sardinia. 

France  shall  acknowledge  and  guarantee,  conjointly  with 
the  Allied  Powers,  and  on  the  same  footing,  the  political  or- 
ganization which  Switzerland  shall  adopt  under  the  auspices 
of  the  said  Allied  Powers,  and  according  to  the  basis  already 
agreed  upon  with  them. 

3.  The  establishment  of  a just  Balance  of  Power  in  Europe 
requiring  that  Holland  should  be  so  constituted  as  to  be 
enabled  to  support  her  independence  through  her  own  re- 
sources, the  Countries  comprised  between  the  Sea,  the  Fron- 
tiers of  France,  such  as  they  are  defined  by  the  present  Treaty, 
and  the  Meuse,  shall  be  given  up  forever  to  Holland. 

The  Frontiers  upon  the  right,  bank  of  the  Meuse  shall  be 
regulated  according  to  the  military  convenience  of  Holland, 
and  her  neighbours. 

The  freedom  of  the  Navigation  of  the  Scheldt  shall  be 
established  upon  the  same  principle  which  has  regulated  the 
Navigation  of  the  Rhine,  in  the  5th  Article  of  the  present 
Treaty. 

4.  The  German  Territories  upon  the  left  bank  of  the  Rhine, 
which  have  been  united  to  France  since  1792,  shall  contribute 


DECLARATION  OF  ST.  OUEN 


455 


to  the  aggrandizement  of  Holland,  and  shall  be  further  applied 
to  compensate  Prussia,  and  other  German  States. 


92.  Declaration  of  St.  Ouen. 

May  2,  1814.  Duvergier,  Lois,  XIX,  23. 

The  Count  of  Artois,  acting  for  Louis  XVIII,  declined  to  ac- 
cept the  constitution  prepared  by  the  Senate  (No.  91  E).  He  was. 
however,  prevailed  upon  to  promise  that  he  would  accept  “the 
basis”  of  it.  This  declaration  was  promulgated  in  redemption  of 
that  promise.  It  should  be  compared  with  both  the  Senate's  con- 
stitution and  the  Constitutional  Charter  (No.  93). 

References.  Seignobos,  Europe  Since  181!,,  106  : Lavisse  and 
Rambaud,  Histoire  Gencrale,  IX.  890-891. 

Louis,  by  the  grace  of  God,  King  of  France  and  of  Na- 
varre, to  all  those  to  whom  these  presents  come,  greeting. 

Recalled  by  the  love  of  our  people  to  the  throne  of  our 
fathers,  enlightened  by  the  misfortunes  of  the  nation,  which 
we  are  destined  to  govern,  our  first  thought  is  to  invoke  that 
mutual  confidence  so  necessary  to  our  repose  and  to  its  welfare 

After  having  read  attentively  the  plan  for  a constitution 
proposed  by  the  Senate  at  its  sitting  of  the  6th  of  April  last,  we 
have  recognized  that  the  principles  thereof  were  good,  but 
that  a great  number  of  articles  bear  the  impress  of  the  haste 
with  which  they  were  drawn  up  and  they  gannot  in  their 
present  form  become  fundamental  laws  of  the  State. 

Resolved  to  adopt  a liberal  constitution,  we  wish  that  it 
should  be  wisely  drawn  up ; and  not  being  able  to  accept  one 
which  it  is  necessary  to  amend,  we  convoke,  for  the  ioth  of 
the  month  of  June  of  the  present'  year,  the  Senate  and  the 
Corps-Legislatif,  and  engage  tc  put  before  their  eyes  the  work 
which  we  shall  have  done  with  a commission  chosen  from 
among  these  two  bodies,  and  to  give  as  a basis  for  this  con- 
stitution the  following  guaranties : 

Representative  government  shall  be  maintained  such  as  it 
is  to-day,  divided  into  two  bodies,  to  wit : 

The  Senate  and  the  Chamber  composed  of  the  deputies  of 
the  departments ; 

Taxes  shall  be  freely  consented  to; 


456 


CONSTITUTIONAL  CHARTER  OF  1814 


Public  and  personal  liberty  are  guaranteed; 

Liberty  of  the  press  shall  be  respected,  saving  the  precau- 
tions necessary  for  the  public  tranquility; 

Liberty  of  worship  is  guaranteed ; 

Property  shall  be  inviolable  and  sacred ; the  sale  of  the 
national  lands  shall  remain  irrevocable. 

Responsible  ministers  may  be  prosecuted  by  one  of  the 
legislative  chambers  and  judged  by  the  other. 

Judges  shall  be  removed,  and  the  judicial  power  independ- 
ent ; 

• The  public  debt  shall  be  guaranteed;  pensions,  ranks  and 
military  honors  shall  be  preserved,  as  also  the  old  and  the  new 
nobility. 

The  Legion  of  Honor,  of  which  we  will  fix  the  decoration, 
shall  be  maintained. 

Every  Frenchman  shall  be  eligible  to  civil  and  military 
employments. 

Finally,  no  person  shall  be  disturbed  on  account  of  his 
opinions  or  his  vote. 

Given  at  St.  Ouen,  May  2,  1814. 

Signed,  Louis. 


93.  Constitutional  Charter  of  1814. 

June  4,  1814.  Duvergier,  Luis,  XIX,  59-73. 

This  famous  document  presents  many  points  of  interest.  Two 
features  of  it  are  particularly  worthy  of  notice.  (1)  As  a state- 
ment of  what  the  restored  Bourbons  would  accept,  it  exhibits  some 
of  the  most  important  permanent  gains  of  the  Revolution.  This 
may  be  brought  out  by  comparing  it  with  typical  cahiers  of  1789 
or  with  the  Constitution  of  1791  (No.  15).  As  the  frame  of  gov- 
ernment under  which  France  lived  until  1830,  it  is  an  excellent 
starting  point  for  a study  of  that  period.  The  phraseology  of  the 
document  requires  careful  attention. 

References.  Fyffe,  Modern  Europe,  II.  14-15  (Popular  ed., 
376-377);  Seignobos,  Europe  Since  IS l.’h  106-108;  Andrews,  Mod- 
ern Europe,  I,  135-137. 

Louis,  by  the  grace  of  God,  King  of  France  and  Navarre, 
to  all  those  to  whom  these  presents  come,  greeting. 

Divine  Providence,  in  recalling  us  to  our  Estates  after 


CONSTITUTIONAL  CHARTER  OF  1814 


457 


a long  absence,  has  laid  upon  us  great  obligations.  Peace 
was  the  first  need  of  our  subjects:  we  have  employed  our- 
selves thereto  without  relaxation ; and  that  peace,  so  necessary 
for  France,  as  well  as  for  the  remainder  of  Europe,  is  signed. 
A constitutional  Charter  was  called  for  by  the  actual  condition 
of  the  kingdom;  we  promised  it,  and  we  now  publish  it.  We 
have  taken  into  consideration  that,  although  all  authority  in 
France  resides  in  the  person  of  the  King,  our  predecessors 
have  not  hesitated  to  alter  the  exercise  thereof  in  accordance 
with  the  change  of  the  times : that  it  was  in  this  manner 
that  the  Communes  owed  their  emancipation  to  Louis  the 
Fat,  the  confirmation  and  extension  of  their  rights  to  Saint 
Louis  and  Philip  the  Fair;  that  the  judicial  system  was  estab- 
lished and  developed  by  the  laws  of  Louis  XI,  Henry  II 
and  Charles  IX;  and  finally,  that  Louis  XIV  regulated  almost 
all  parts  of  the  public  administration  by  various  ordinances 
whose  wisdom  nothing  has  yet  surpassed. 

We  are  bound,  by  the  example  of  the  Kings,  our  pred- 
ecessors, to  estimate  the  effects  of  the  ever  increasing  prog- 
ress of  enlightenment,  the  new  relations  which  these  advances 
have  introduced  into  society,  the  direction  impressed  upon 
opinions  during  the  past  half  century,  and  the  significant  al- 
terations which  have  resulted  therefrom : we  have  recognized 
that  the  wish  of  our  subjects  for  a constitutional  Charter 
was  the  expression  of  a real  need ; but,  in  yielding  to  this 
wish,  we  have  taken  every  precaution  that  this  Charter  should 
be  worthy  of  us  and  of  the  people  over  whom  we  are  proud 
to  rule.  Sagacious  men  taken  from  the  highest  body  of 
the  State  met  with  commissioners  of  our  Council  to  labor 
upon  this  important  work. 

While  we  have  recognized  that  a free  and  monarchical 
constitution  was  necessary  to  meet  the  expectation  of  en- 
lightened Europe,  we  have  also  been  constrained  to  remember 
that  our  first  duty  towards  our  subjects  was  to  preserve,  in 
their  own  interest,  the  rights  and  prerogatives  of  our  crown. 
We  have  hoped  that,  taught  by  experience,  they  may  be  con- 
vinced that  only  the  supreme  authority  can  give  to  institu- 
tions which  it  establishes  the  strength,  permanence,  and  maj- 
esty with  which  it  is  itself  invested ; that  thus,  when  the  wis- 
dom of  the  King  freely  coincides  with  the  wish  of  the  people, 


458 


CONSTITUTIONAL  CHARTER  OF  1814 


a constitutional  Charter  can  be  of  long  duration;  but  that, 
when  violence  wrests  concessions  from  the  feebleness  of  the 
Government,  public  liberty  is  not  less  in  danger  than  the 
throne  itself.  In  a word,  we  have  sought  the  principles  of 
the  constitutional  Charter  in  the  French  character  and  in  the 
enduring  examples  of  past  ages.  Thus,  we  have  seen,  in 
the  renewal  of  the  peerage,  an  institution  truly  national  and 
one  which  must  bind  all  the  recollections  with  all  the  hopes, 
in  bringing  together  former  and  present  times. 

We  have  replaced  by  the  Chamber  of  Deputies  those  for- 
mer assemblies  of  the  Fields  of  March  and  May,  and  those 
Chambers  of  the  Third  Estate,  which  so  often  gave  at  the 
same  time  proof  of  zeal  for  the  interests  of  the  people  and  of 
fidelity  and  respect  for  the  authority  of  the  King.  In  thus 
attempting  to  renew  the  chain  of  the  times,  which  disastrous 
errors  have  broken,  we  have  banished  from  our  recollection, 
as  we  could  wish  it  were  possible  to  blot  out  from  history, 
all  the  evils  which  have  afflicted  the  fatherland  during  our 
absence.  Happy  to  find  ourselves  once  more  in  the  bosom 
of  our  great  family,  we  have  felt  that  we  could  respond  to 
the  love  of  which  we  have  received  so  many  testimonials,  only 
by  pronouncing  words  of  peace  and  consolation.  The  dearest 
wish  of  our  heart  is  that  all  Frenchmen  should  live  as  brothers, 
and  that  no  bitter  recollection  should  ever  disturb  the  security 
that  must  follow  the  solemn  act  which  we  grant  them  to-day. 

Assured  of  our  intentions,  and  strengthened  by  our  con- 
science, we  pledge  ourselves,  in  the  presence  of  the  assembly 
which  hears  us,  to  be  faithful  to  this  Constitutional  Charter, 
reserving  to  ourselves  to  swear  to  maintain  it  with  a new 
solemnity,  before  the  altars  of  Him  who  weighs  in  the  same 
balance  kings  and  nations. 

For  these  reasons, 

We  have  voluntarily,  and  by  the  free  exercise  of  our  royal 
authority,  accorded  and  do  accord,  grant  and  concede  to  our 
subjects,  as  well  for  us  as  for  our  successors  forever,  the  con- 
stitutional Charter  which  follows : 

PUBLIC  LAW  OF  THE  FRENCH. 

i.  Frenchmen  are  equal  before  the  law,  whatever  may  be 
their  titles  and  ranks. 


CONSTITUTIONAL  CHARTER  OF  1814 


459 


2.  They  contribute  without  distinction,  in  proportion  to 
their  fortunes,  towards  the  expenses  of  the  State. 

3.  They  are  all  equally  admissible  to  civil  and  military 
employments. 

4.  Their  personal  liberty  is  likewise  guaranteed ; no  one 
can  be  prosecuted  nor  arrested  save  in  the  cases  provided  by 
law  and  in  the  form  which  it  prescribes. 

5.  Every  one  may  profess  his  religion  with  equal  freedom, 
and  shall  obtain  for  his  worship  the  same  protection. 

6.  Nevertheless,  the  Catholic,  Apostolic  and  Roman  re- 
ligion is  the  religion  of  the  State. 

7.  The  ministers  of  the  Catholic,  Apostolic  and  Roman 
religion  and  those  of  the  other  Christian  sects  alone  receive 
stipends  from  the  Royal  T reasury. 

8.  Frenchmen  have  the  right  to  publish  and  to  cause  to  be 
printed  their  opinions,  while  conforming  with  the  laws,  which 
are  necessary  to  restrain  abuses  of  that  liberty. 

9.  All  property  is  inviolable  without  any  exception  for 
that  which  is  called  national,  the  law  making  no  distinction 
between  them. 

10.  The  state  can  require  the  sacrifice  of  a property  on 
account  of  a legally  established  public  interest,  but  with  a 
previous  indemnity. 

11.  All  investigations  of  opinions  and  votes  given  prior 
to  the  restoration  are  forbidden.  The  same  oblivion  is  re- 
quired from  the  tribunals  and  from  citizens. 

12.  The  conscription  is  abolished.  The  method  of  re- 
cruiting for  the  army  and  navy  is  determined  by  a law. 

Form  of  the  Government  of  the  King. 

13.  The  person  of  the  King  is  inviolable  and  sacred.  His, 
ministers  are  responsible.  To  the  King  alone  belongs  the 
executive  power. 

14-  The  Ki  ng  is  the  Supreme  Head  of  the  State,  commands 
the  land  and  sea  forces,  declares  war,  makes  treaties  of  peace, 
alliance  and  commerce,  appoints  to  all  places  of  public  admin- 
istration, and  makes  the  necessary  regulations  and  ordinances 
for  the  execution  of  the  laws  and  the  security  of  the  State. 

15.  The  legislative  power  is  exercised  collectively  by  the 
King,  the  Chamber  of  Peers,  and  the  Chamber  of  Deputies 
of  the  departments. 


460 


CONSTITUTIONAL  CHARTER  OF  1814 


16.  The  King  proposes  the  laws. 

17.  The  proposition  for  a law  is  sent,  at  the  pleasure  of 
the  King,  to  the  Chamber  of  Peers  or  to  that  of  the  Deputies, 
except  a law  for  the  imposition  of  taxes,  which  must  be  sent 
first  to  the  Chamber  of  Deputies. 

18.  Every  law  shall  be  freely  discussed  and  voted  by  the 
majority  of  each  of  the  two  Chambers. 

19.  The  Chambers  have  the  power  to  petition  the  King 
to  propose  a law  upon  any  subject  whatsoever  and  to  indicate 
what  seems  suitable  for  the  law  to  contain. 

, 20.  This  request  can  be  made  by  either  of  the  two  Cham- 
bers, but  only  after  having  been  discussed  in  secret  committee ; 
it  shall  be  sent  to  the  other  Chamber  by  that  which  shall  have 
proposed  it,  only  after  an  interval  of  ten  days. 

21.  If  the  proposal  is  adopted  by  the  other  Chamber,  it 
shall  be  laid  before  the  King;  if  it  is  rejected,  it  cannot  be 
presented  again  in  the  same  session. 

22.  The  King  alone  sanctions  and  promulgates  the  laws. 

23.  The  civil  list  is  fixed,  for  the  entire  duration  of  the 

reign,  by  the  first  legislature  assembled  after  the  accession  of 
the  King. 

Of  the  Chamber  of  Peers. 

24.  The  Chamber  of  Peers  is  an  essential  part  of  the  leg- 
islative power. 

25.  It  is  convoked  by  the  King  at  the  same  time  as  the 

Chamber  of  the  Deputies  of  the  departments.  The  session 

of  the  one  begins  and  end6  at  the  same  time  as  that  of  the 
other. 

26.  Every  meeting  of  the  Chamber  of  Peers  which  may 
be  held  outside  of  the  time  of  the  session  of  the  Chamber  of 
Deputies,  or  which  may  not  be  ordered  by  the  King,  is  unlaw- 
ful and  of  no  validity. 

27.  The  appointment  of  peers  of  France  belongs  to  the 
King.  Their  number  is  unlimited : he  can  at  his  pleasure  alter 
their  dignities,  appoint  them  for  life,  or  make  them  hereditary. 

28.  Peers  have  entrance  to  the  Chamber  at  twenty-five 
years,  and  a deliberative  voice  only  at  thirty  years. 

29.  The  Chamber  of  Peers  is  presided  over  by  the  Chan- 
cellor of  France,  and  in  his  absence,  by  a peer  appointed  by 
the  King. 


CONSTITUTIONAL  CHARTER  OF  1814 


461 


30.  Members  of  the  royal  family  and  princes  of  the  blood 
are  peers  by  right  of  their  birth.  They  sit  directly  behind  the 
president;  but  they  have  no  deliberative  voice  until  twenty- 
five  years  of  age. 

31.  The  princes  can  take  their  places  in  the  Chamber  only 
upon  the  order  of  the  King,  expressed  for  each  session  by 
a message,  under  penalt}'  of  invalidating  everything  which  may 
have  been  done  in  their  presence. 

32.  All  the  deliberations  of  the  Chamber  of  Peers  are 
secret. 

33.  The  Chamber  of  Peers  has  jurisdiction  over  crimes 
of  high  treason  and  the  attacks  against  the  security  of  the 
State,  which  shall  be  defined  by  law. 

34.  No  peer  can  be  arrested  except  by  the  authority  of 
the  Chamber,  nor  tried  in  a criminal  matter  except  by  it. 

Of  the  Chamber  of  Deputies  of  the  Departments. 

35.  The  Chamber  of  Deputies  shall  be  composed  of  the 
deputies  elected  by  electoral  colleges  whose  organization  shall 
be  determined  by  law. 

36.  Each  department  shall  have  the  same  number  of  dep- 
uties that  it  has  had  up  to  the  present  time. 

37.  The  deputies  shall  be  elected  for  five  years  and  in  such 
a manner  that  the  Chamber  may  be  renewed  each  year  by  a 
fifth. 

38.  No  deputy  can  be  admitted  to  the  Chamber  unless 
he  is  forty  years  of  age  and  pays  a direct  tax  of  one  thousand 
francs. 

39.  If,  nevertheless,  there  cannot  be  found  in  the  depart- 
ment fifty  persons  of  the  requisite  age,  who  pay  at  least  one 
thousand  francs  of  direct  taxes,  their  number  shall  be  filled 
up  from  the  largest  taxpayers  under  one  thousand  francs,  and 
these  shall  be  elected  together  with  the  first. 

40.  Electors  who  meet  for  the  naming  of  deputies  cannot 
have  the  right  of  suffrage,  unless  they  pay  a direct  tax  of 
three  hundred  francs  and  are  not  less  than  thirty  years  of  age. 

41.  The  presidents  of  the  electoral  colleges  shall  be  ap- 
pointed by  the  King,  and  are  ex-officio  members  of  the  college. 

42.  At  least  one-half  of  the  deputies  shall  be  chosen  from 
among  the  eligibles  who  have  their  political  domicile  in  the 
department. 


462 


CONSTITUTIONAL  CHARTER  OF  1814 


43.  The  President  of  the  Chamber  of  Deputies  is  ap- 
pointed by  the  King,  from  a list  of  five  members  presented  by 
the  Chamber. 

44.  The  sittings  of  the  Chamber  are  public,  but  the  request 
of  five  members  suffices  for  it  to  form  itself  into  secret  com- 
mittee. 

45.  The  Chamber  divides  itself  into  bureaux  in  order  to 
discuss  the  propositions  which  have  been  presented  to  it  by 
the  King. 

46.  No  amendment  can  be  made  in  a law  unless  it  has 
been  proposed  or  consented  to  by  the  King,  and  unless  it  has 
been  sent  back  to  the  bureaux  and  discussed  there. 

47.  The  Chamber  of  Deputies  receives  all  proposals  in 
regard  to  taxes ; only  after  these  proposals  have  been  ac- 
cepted can  they  be  carried  to  the  Chamber  of  Peers. 

48.  No  tax  can  be  imposed  or  collected,  unless  it  has 
been  consented  to  by  the  two  chambers  and  sanctioned  by  the 
King. 

49.  The  land-tax  is  consented  to  only  for  one  year.  In- 
direct taxes  can  be  established  for  several  years. 

50.  The  King  convokes  the  two  Chambers  each  year : he 
prorogues  them,  and  can  dissolve  that  of  the  deputies  of  the 
departments ; but,  in  that  case,  he  must  convoke  a new  one 
within  the  space  of  three  months. 

51.  No  bodily  constraint  can  be  exercised  against  a mem- 
ber of  the  Chamber  during  the  session  nor  in  the  preceding  or 
following  six  weeks. 

52.  No  member  of  the  Chamber,  during  the  course  of  the 
session,  can  be  prosecuted  or  arrested  upon  a criminal  charge, 
unless  he  should  be  taken  in  the  act,  except  after  the  Chamber 
has  permitted  his  prosecution. 

53.  No  petition  can  be  made  or  presented  to  either  of  the 
Chambers,  except  in  writing.  The  law  forbids  the  bringing  of 
them  in  person  to  the  bar. 

Of  the  Ministers. 

54.  The  ministers  can  be  members  of  the  Chamber  of  Peers 
or  of  the  Chamber  of  Deputies.  They  have,  besides,  their  en- 
trance into  either  Chamber,  and  they  must  be  heard  when  they 
demand  it. 

55.  The  Chamber  of  Deputies  has  the  right  to  accuse  the 


CONSTITUTIONAL  CHARTER  OF  1814 


463 


ministers  and  to  arraign  them  before  the , Chamber  of  Peers, 
which  alone  has  that  of  trying  them. 

56.  They  can  be  accused  only  for  acts  of  treason  and  pecu- 
lation. Special  laws  shall  determine  the  nature  of  this  offence 
and  shall  fix  the  method  of  prosecution. 

Of  the  Judiciary. 

57.  All  justice  emanates  from  the  King.  It  is  administered 
in  his  name  by  judges  whom  he  appoints  and  whom  he  invests. 

58.  The  judges  appointed  by  the  King  are  irremovable. 

59.  The  courts  and  regular  tribunals  actually  existing  are 
continued.  None  of  them  shall  be  changed  except  by  virtue  of 
a law. 

60.  The  existing  commercial  court  is  retained. 

61.  The  justice  of  the  peace,  likewise,  is  retained.  Justices 
of  the  peace,  although  appointed  by  the  King,  are  not  irremov- 
able. 

62.  No  one  can  be  deprived  of  the  jurisdiction  of  his  nat- 
ural judges. 

63.  In  consequence,  extraordinary  commissions  and  tri- 
bunals cannot  be  created.  Provost-courts  are  not  included  un- 
der this  denomination,  if  their  re-establishment  is  deemed  nec- 
essary. 

64.  Criminal  trials  shall  be  public,  unless  such  publicity 
should  be  dangerous  to  order  and  morality,  and,  in  that  case, 
the  tribunal  shall  declare  it  by  a judicial  order. 

65.  The  system  of  juries  is  retained.  Changes  which  a 
longer  experience  may  cause  to  be  thought  necessary  can  be 
made  only  by  a law. 

6.  The  penalty  of  confiscation  of  property  is  abolished 
and  cannot  be  re-established. 

67.  The  King  has  the  right  of  pardon,  and  that  of  com- 
muting penalties. 

68.  The  Civil  Code,  and  the  laws  actually  existing  which 
are  not  in  conflict  with  the  present  Charter,  remain  in  force 
until  legally  abrogated. 

Special  Rights  Guaranteed  by  the  State. 

69.  Persons  in  active  military  service,  retired  officers  and 
soldiers,  pensioned  widows,  officers  and  soldiers,  retain  their 
ranks,  honors  and  pensions. 


464 


PROCLAMATION  OF  NAPOLEON 


70.  The  public  debt  is  guaranteed.  Every  form  of  engage- 
ment made  by  the  State  with  its  creditors  is  inviolable. 

71.  The  old  nobility  resume  their  titles.  The  new  retain 
theirs.  The  King  makes  nobles  at  will,  but  he  grants  to  them 
only  ranks  and  honors,  without  any  exemption  from  the  bur- 
dens and  duties  of  society. 

72.  The  Legion  of  Honor  is  maintained.  The  King  shall 
determine  its  internal  regulations  and  its  decoration. 

73.  The  colonies  shall  be  governed  by  special  laws  and 
regulations. 

74.  The  King  and  his  successors  shall  swear,  at  the  solem- 
nizing of  their  coronation,  to  observe  faithfully  the  present 
Constitutional  Charter. 

Temporary  Articles. 

75.  The  deputies  of  the  departments  of  France  who  sat  in 
the  Corps-Legislatif  at  the  time  of  its  last  adjournment  shall 
continue  to  sit  in  the  Chamber  of  Deputies  until  replaced. 

76.  The  first  renewal  of  a fifth  of  the  Chamber  of  Deputies 
shall  take  place  in  the  year  1816,  at  the  latest,  according  to  the 
order  established  in  the  series. 

We  command  that  the  present  Constitutional  Charter,  laid 
before  the  Senate  and  the  Corps-Legislatif,  in  conformity  with 
our  proclamation  of  May  2,  shall  be  sent  forthwith  to  the 
Chamber  of  Peers  and  that  of  the  Deputies. 

Given  at  Paris,  in  the  year  of  grace,  1814,  and  of  our  reign 
the  nineteenth. 

Signed,  Louis. 


94.  Proclamation  of  Napoleon. 

March  1,  1815.  Duvergier,  Lois,  XIX,  375-376. 

This  proclamation,  dated  on  the  day  of  his  arrival  in  France 
from  Elba,  is  typical  of  the  declarations  and  addresses  made  by 
Napoleon  during  the  course  of  his  journey  to  Paris.  A similar 
proclamation  was  addressed  to  the  army.  The  manner  in  which 
the  disasters  of  1814  are  explained  and  the  skill  with  which  ap- 
peal is  made  to  the  memories  of  the  Empire  should  be  noticed. 

Refehence.  Lavisse  and  Rambaud,  Histoire  Generate,  IX,  903- 
904. 


Frenchmen,  the  defection  of  the  Duke  of  Castiglione  de- 


PROCLAMATION  OF  NAPOLEON 


46s 


livered  Lyon  without  defence  to  our  enemies ; the  army,  of 
which  I had  confided  to  him  the  command,  was,  by  the  num- 
ber of  its  battalions,  and  the  bravery  and  patriotism  of  the 
troops  who  composed  it,  in  a condition  to  fight  the  Austrian 
army  which  was  opposing  it  and  to  reach  the  rear  of  the  left 
flank  of  the  hostile  army  which  was  threatening  Paris. 

The  victories  of  Champ-Aubert,  Montmirail,  Chateau-Thier- 
ry,  Vauchamp,  Mormans,  Montereau,  Craone,  Reims,  Arcy- 
sur-Aube  and  Saint-Dizier,  the  insurrection  of  the  brave  peas- 
ants of  Lorraine,  Champagne,  Alsace,  Franche-Comte  and 
Bourgogne,  and  the  position  which  I had  taken  at  the  rear  of 
the  hostile  army,  separating  it  from  its  magazines,  its  reserve 
parks,  its  convoys  and  all  its  equipment,  had  placed  it  in  a 
desperate  position.  Frenchmen  were  never  at  the  point  of  be- 
ing more  powerful,  and  the  flower  of  the  hostile  army  was  lost 
beyond  recovery ; it  would  have  found  its  grave  in  those  vast 
countries  which  it  had  so  pitilessly  plundered,  but  that  the 
treason  of  the  Duke  of  Raguse  gave  up  the  capital  and  disor- 
ganized the  army.  The  unexpected  conduct  of  these  two  gen- 
erals, who  betrayed  at  one  and  the  same  time  their  fathereland, 
their  prince  and  their  benefactor,  changed  the  destiny  of  the 
war.  The  disastrous  situation  of  the  enemy  was  such,  that 
at  the  end  of  the  affair  which  took  place  before  Paris,  they 
were  without  ammunition,  through  separation  from  their  re- 
serve parks. 

Under  these  new  and  difficult  circumstances  my  heart  wras 
torn,  but  my  soul  remained  steadfast.  I only  thought  of  the 
interest  of  the  fatherland ; I exiled  myself  upon  a rock  in  the 
midst  of  the  sea;  my  life  was  and  must  still  be  useful  to  you. 
I did  not  allow  the  greater  part  of  those  who  wished  to  ac- 
company me  to  share  my  let;  I thought  their  presence  was  use- 
ful in  France,  and  I only  took  with  me  a handful  of  valiant 
men  as  my  guard. 

Raised  to  the  throne  by  your  choice,  everything  that  has 
been  done  without  you  is  illegitimate.  During  the  last  twenty- 
five  years,  France  has  acquired  new  interests,  new  institutions, 
and  a new  glory,  which  can  only  be  guaranteed  by  a national 
government  and  by  a dynasty  born  under  these  new  circum- 
stances. A prince  who  should  reign  over  you,  who  should 
be  seated  upon  my  throne  by  the  power  of  the  very  armies 


466 


DECREE  EUR  EXTRAORDINARY  ASSEMBLY 


who  have  devastated  our  territory,  would  seek  in  vain  to  sup- 
port himself  by  the  principles  of  feudal  rights  and  he  could 
only  assure  the  honor  and  the  rights  of  a small  number  of 
individuals,  enemies  of  the  people,  who,  for  twenty-five  years 
past,  have  condemned  them  in  our  national  assemblies.  Your 
internal  peace  and  your  foreign  prestige  would  be  forever 
lost. 

Frenchmen  ! In  my  exile  I have  heard  your  complaints  and 
your  desires  : you  were  claiming  that.  Government  of  your 
choice,  which  alone  is  legitimate.  You  were  complaining  of  my 
long  sleep,  you  reproached  me  with  sacrificing  to  my  own  re- 
pose the  great  interests  of  the  fatherland. 

I have  crossed  the  seas  in  the  midst  of  perils  of  every  sort ; 
I arrive  among  you  in  order  to  reclaim  my  rights,  which  are 
yours.  Everything  which  individuals  have  done,  written  or 
said  since  the  taking  of  Paris,  I will  forever  ignore;  that  will 
not  in  the  least  influence  the  recollection  which  I have  of  the 
important  services  that  the}'-  have  rendered ; for  there  are 
events  of  such  a nature  that  they  are  beyond  human  organ- 
ization. 

Frenchmen!  There  is  no  nation,  however  small  it  may  be, 
which  has  not  had  'the  right  to  withdraw  and  which  may  not 
be  withdrawn  from  the  dishonor  of  obeying  a prince  im- 
posed upon  it  by  a momentarily  victorious  enemy.  When 
Charles  VII  re-entered  Paris  and  overthrew  the  ephemeral 
throne  of  Henry  VI,  he  recognized  that  he  held  his  throne 
by  the  bravery  of  his  soldiers  and  not  from  a prince  regent  of 
England. 

It  is  also  to  you  alone,  and  to  the  brave  men  of  the  army, 
that  I consider  and  shall  always  consider  it  glorious  to  owe 
everything. 

Signed,  Napoleon. 


95.  Decree  for  Convoking  an  Extraordinary  Assembly. 

March  13,  1815.  Duvergier,  Lois,  XIX,  375-376. 

This  decree  is  typical  of  the  series  issued  by  Napoleon  while 
at  Lyon  on  his  journey  to  Paris.  The  list  of  reasons  for  dissolv- 
ing the  Senate  and  Corps-Legislatif  contains  many  of  the  popular 


DECREE  FOR  EXTRAORDINARY  ASSEMBLY  467 


grievances  against  the  restored  Bourbon  regime  for  things  actually 
done  or  anticipated. 

References.  Fournier,  _Y apolcon,  692  ; Rose,  Napoleon,  II, 
40S. 

Napoleon,  by  the  grace  of  God  and  the  Constitutions  of 
the  Empire,  Emperor  of  the  French,  considering  that  the 
Chamber  of  Peers  is  in  part  composed  of  persons  who  have 
borne  arms  against  France,  and  who  have  an  interest  in  the 
re-establishment  of  feudal  rights,  in  the  destruction  of  equality 
among  the  different  classes,  in  the  setting  aside  of  the  sales 
of  the  national  lands,  and,  in  short,  in  depriving  the  people 
of  the  rights  which  they  have  acquired  by  twenty-five  years  of 
conflict  against  the  enemies  of  the  national  glory ; 

Considering  that  the  powers  of  the  deputies  to  the  Corps- 
Legislatif  have  expired,  and  that,  therefore,  the  Chamber  of  the 
Commons  has  no  longer  any  national  character ; that  a portion 
of  that  chamber  has  shown  itself  unworthy  of  the  confidence  of 
the  nation  by  adhering  to  the  re-establishment  of  the  feudal 
nobility,  abolished  by  constitutions  that  the  people  have  ac- 
cepted; in  causing  France  to  pay  debts  contracted  abroad  for 
the  purpose  of  organizing  coalitions  and  hiring  armies  against 
the  French  people ; in  giving  to  the  Bourbons  the  title  of 
legitimate  King,  thereby  declaring  that  the  French  people  and 
armies  were  rebels,  and  proclaiming  that  the  only  good 
Frenchmen  were  the  Emigres,  who  have  for  twenty-five  years 
rent  the  bosom  of  the  fatherland  and  violated  all  the  rights 
of  the  people  by  consecrating  the  principle  that  the  nation 
was  made  for  the  throne  and  not  the  throne  for  the  nation, 

We  have  decreed  and  do  decree  as  follows : 

1.  The  Chamber  of  Peers  is  dissolved. 

2.  The  Chamber  of  the  Commons  is  dissolved ; each  of  its 
members  summoned  and  arrived  at  Paris  since  the  seventh 
of  March  is  ordered  to  return  to  his  domicile  without  delay. 

3.  The  electoral  colleges  of  the  departments  of  the  Empire 
shall  meet  at  Paris  during  the  course  of  the  approaching 
month  of  May  in  extraordinary  assembly  of  the  Channp-de- 
Mai,  for  the  purpose  of  taking  suitable  measures  to  correct 
and  modify  our  constitutions  in  accordance  with  the  interest 
and  the  will  of  the  nation,  and  at  the  same  time  to  assist  at 


468 


DECLARATION  AGAINST  NArOLEON 


the  coronation  of  the  Empress,  our  very  dear  and  well  be- 
loved wife,  and  at  that  of  our  dear  and  well  beloved  son. 


96.  Declaration  of  the  Powers  against  Napoleon, 

March  13,  1815.  British  and  Foreign  State  Papers,  II,  665. 

This  declaration  was  issued  by  the  Congress  of  Vienna  upon 
learning  that  Napoleon  had  left  Elba.  It  shows  the  precise  atti- 
tude of  the  Powers  of  Europe  towards  him. 

References.  Fournier,  Napoleon,  G97-699  ; Rose,  Napoleon, 
II,  410-111  ; Lavisse  and  Rambaud,  Histoire  Generate,  X,  47. 

The  Powers  who  have  signed  the  Treaty  of  Paris  reas- 
sembled in  Congress  at  Vienna,  having  been  informed  of 
the  escape  of  Napoleon  Bonaparte  and  of  his  entrance  into 
France  with  an  armed  force,  owe  to  their  dignity  and  the 
interest  of  social  order  a solemn  Declaration  of  the  senti- 
ments which  that  event  has  inspired  in  them. 

In  thus  violating  the  convention  which  established  him  in 
the  Island  of  Elba,  Bonaparte  destroyed  the  only  legal  title 
for  his  existence.  By  reappearing  in  France  with  projects  of 
disorder  and  destruction,  he  has  cut  himself  off  from  the  pro- 
tection of  the  law  and  has  shown  in  the  face  of  the  world 
that  there  can  be  neither  peace  nor  truce  with  him. 

Accordingly,  the  Powers  declare  that  Napoleon  Bonaparte 
is  excluded  from  civil  and  social  relations,  and,  as  an  Enemy 
and  Disturber  of  the  tranquility  of  the  World,  that  he  has 
incurred  public  vengeance. 

At  the  same  time,  being  firmly  resolved  to  preserve  intact 
the  Treaty  of  Paris  of  May  30,  1814,  and  the  arrangements 
sanctioned  by  that  treaty,  as  well  as  those  which  have  been 
or  shall  be  arranged  hereafter  in  order  to  complete  and  con- 
solidate it,  they  declare  that  they  will  employ  all  their  re- 
sources and  will  unite  all  their  efforts  in  order  that  the  Gen- 
eral Peace,  the  object  of  the  desires  of  Europe  and  the  con- 
stant aim  of  their  labors,  may  not  be  again  disturbed,  and  in 
order  to  secure  themselves  from  all  attempts  which  may 


TREATY  OP  ALLIANCE  AGAINST  NAPOLEON  469 


threaten  to  plunge  the  World  once  more  into  the  disorders 
and  misfortunes  of  revolutions. 

And  although  fully  persuaded  that  all  France,  rallying 
around  its  legitimate  sovereign,  will  strive  unceasingly  to 
bring  to  naught  this  last  attempt  of  a criminal  and  impotent 
madman,  all  the  Soverigns  of  Europe,  animated  by  the  same 
feeling  and  guided  by  the  same  principles,  declare  that  if,  con- 
trary to  all  expectation,  there  shall  result  from  that  event 
any  real  danger,  they  will  be  ready  to  give  to  the  King  of 
France  and  the  French  Nation  or  to  any  government  which 
shall  be  attacked,  as  soon  as  shall  be  required,  all  the  as- 
sistance necessary  to  re-establish  the  public  tranquility,  and 
to  make  common  cause  against  all  who  may  attempt  to  com- 
promise it. 

The  present  Declaration,  inserted  in  the  protocol  of  the 
Congress  assembled  at  Vienna,  March  13,  1815,  shall  be  made 
public. 


97.  Treaty  of  Alliance  against  Napoleon. 

March  25,  1815.  De  Clerey,  Traites,  II.  474-476. 

This  treaty  was  framed  for  the  purpose  of  giving  effect  to  the 
declaration  of  March  13  (see  No.  96).  It  shows  the  strength,  pur- 
pose and  general  character  of  the  alliance  against  which  Napoleon 
had  to  contend. 

References.  Fournier.  Napoleon,  698-699  ; Rose,  Napoleon,  II. 
412  : Lavisse  and  Rambaud,  Histoire  Generale,  IX,  922,  X,  47-49. 


In  the  Name  of  the  Most  Holy  and  Indivisible  Trinity. 

His  Majesty  the  King  of  Prussia  and  His  Majesty  the  King 
of  the  United  Kingdom  of  Great  Britain  and  Ireland,  having 
taken  into  consideration  the  result  which  the  invasion  of 
France  by  Napoleon  Bonaparte  and  the  present  situation  of 
that  Kingdom  may  have  for  the  security  of  Europe,  have 
resolved  of  one  accord  with  His  Majesty  the  Emperor  of  all 
the  Russias  and  His  Majesty  the  Emperor  of  Austria.  King 
of  Hungary  and  of  Bohemia,  to  apply  to  that  important  cir- 
cumstance the  principles  consecrated  by  the  Treaty  of  Chau- 
mont.  In  consequence,  they  have  agreed  to  renew  by  a sol- 


4/0 


TREATY  OF  ALLIANCE  AGAINST  NAPOLEON 


emn  Treaty,  signed  separately  by  each  of  the  four  powers 
with  each  of  the  other  three,  the  engagement  to  preserve 
against  every  attack  the  order  of  things  so  happily  re-estab- 
lished in  Europe  and  to  determine  the  most  effective  means  to 
put  this  engagement  into  execution,  as  well  as  to  give  it  all 
the  extension  which,  under  the  present  circumstances,  it  im- 
peratively requires. 

1.  The  above  named  High  Contracting  Parties  solemnly 
agree  to  unite  the  means  of  their  respective  States,  in  order 
to  maintain  in  all  their  integrity  the  conditions  of  the  Treaty 
of  Peace  concluded  at  Paris  on  May  30,  1814,  as  well  as  the 
stipulations  agreed  to  and  signed  at  the  Congress  of  Vienna 
with  the  purpose  of  completing  the  dispositions  of  that  Treaty 
and  of  guaranteeing  them  against  every  attack  and  particularly 
against  the  designs  of  Napoleon  Buonaparte.  For  that  purpose 
if  the  case  should  demand  it  and  in  the  sense  of  the  Declar- 
ation of  March  13  last,  they  agree  to  direct  in  concert  and  in 
common  accord  all  their  efforts  against  him. and  against  all 
who  may  have  already  rallied  to  his  faction  or  who.  may 
unite  with  it  hereafter,  in  order  to  force  them  to  desist  from 
that  project  and  to  render  them  unable  to  disturb  in  the  fu- 
ture the  tranquility  of  Europe  and  the  general  peace,  under 
the  protection  of  which  the  rights,  the  liberty  and  the  inde- 
pendence of  the  nations  have  just  come  to  be  placed  and  as- 
sured. 

2.  Although  so  great  and  so  beneficent  an  aim  does  not 

permit  the  means  destined  for  its  attainment  to  be  measured, 

and  although  the  High  Contracting  Parties  nave  resolved  to 
consecrate  to  it  all  those  of  which,  according  to  their  re- 
spective situations,  they  can  dispose,  they  have  each  agreed 
to  keep  constantly  in  the  field  an  hundred  fifty  thousand  men 
complete,  including  at  least  the  proportion  of  one-tenth  of 
cavalry  and  a just  proportion  of  artillery,  without  counting 
garrisons,  and  to  employ  them  actively  and  in  concert 
against  the  common  enemy. 

3.  The  High  Contracting  Parties  reciprocally  agree  not 

to  lay  aside  their  arms  except  by  a common  accord  and  not 

until  the  object  of  the  war  designated  in  article  1 -of  the 
present  Treaty  has  been  attained,  and  not  until  Buonaparte 


ACT  ADDITIONAL 


471 


shall  have  been  pnt  absolutely  beyond  the  possibility  of  ex- 
citing disturbances  and  of  renewing  his  attempts  to  seize 
upon  the  supreme  power  in  France. 

4.  The  present  Treaty  being  principally  applicable  to  the 
present  circumstances,  the  stipulations  of  the  Treaty  of  Chau- 
mont,  and  especially  those  contained  in  article  14,  shall  again 
have  all  their  force  and  vigor  as  soon  as  the  present  purpose 
shall  have  been  attained. 

7.  The  engagements  stipulated  in  the  present  Treaty  hav- 
ing for  their  purpose  the  maintenance  of  the  general  peace, 
the  High  Contracting  Parties  agree  among  themselves  to  in- 
vite all  the  Powers  of  Europe  to  accede  to  it. 

8.  The  present  Treaty  being  solely  intended  for  the  purpose 
of  supporting  France  or  any  other  invaded  country  against 
the  enterprises  of  Buonaparte  and  his  adherents,  His  Most 
Christian  Majesty  shall  be  specially  invited  to  give  his  adher- 
ence to  it  and  to  make  known,  for  the  case  in  which  the  forces 
stipulated  in  article  2 should  be  required,  what  assistance  cir- 
cumstances-will  permit  him  to  bring  to  the  object  of  the 
present  Treaty. 

Separate,  Additional  and  Secret  Article. 

As  circumstances  may  prevent  His  Majesty  the  King  of  the 
United  Kingdom  of  Great  Britain  and  Ireland  from  keeping 
constantly  in  the  field  the  number  of  troops  specified  in  article 
2,  it  is  agreed  that  His  Britannic  Majesty  shall  have  the  right 
either  to  furnish  his  contingent  or  to  pay  at  the  rate  of  thirty 
pounds  sterling  per  annum  for  each  infantryman,  to  the  extent 
of  the  number  stipulated  in  article  2. 


98.  The  Act  Additional. 


April  22,  1815.  Duvergier,  Lois,  XIX,  403-410. 

Upon  returning  to  France  Napoleon  promised  that  political  lib- 
erty should  be  secured.  This  document  was  promulgated  in  con- 
sequence of  that  promise.  It  was  in  the  main  the  work  of  Ben- 
jamin Constant,  a liberal  and  former  opponent  of  the  Empire.  It 


4/2 


ACT  ADDITIONAL 


should  be  compared  with  the  constitutions  of  the  Empire  which 
it  supplemented  and  modified  (see  Nos.  58,  66  E,  71)  and  the 
Constitutional  Charter  which  it  replaced  (No.  93).  As  with  the 
preceding  imperial  constitutions,  it  was  submitted  to  popular  vote. 
The  interest  in  it,  however,  was  slight.  It  was  never  actually  put 
into  operation. 


References.  Fyl'fe,  Modern  Europe,  II,  42-45  (Popular  ed., 
395-397)  ; Fournier,  Napoleon,  702-705;  Rose,  Napoleon,  II,  414- 
415;  Sloane,  Napoleon,  IV,  167-168;  Lavisse  and  Rambaud,  His- 
toire  Gencrale , IX,  919-921. 


Napoleon,  by  the  grace  of  God  and  the  constitutions,  Em- 
peror of  the  French.  Since  we  were  called  fifteen  years  ago 
by  the  will  of  France  to  the  government  of  the  State  we  have 
sought  at  different  times  to  improve  the  constitutional  forms, 
according  to  the  needs  and  desires  of  the  nation  and  by 
profiting  from  the  lessons  of  experience.  The  constitutions  of 
the  Empire  have  thus  been  formed  by  a series  of  acts  which 
have  received  the  acceptance  of  the  people.  We  had  then 
for  our  aim  to  organize  a great  European  federative  system, 
which  we  had  adopted  as  in  conformity  with  the  spirit  of  the 
age  and  favorable  to  the  progress  of  civilization.  In  order 
to  bring  it  to  completion  and  to  give  to  it  all  the  extent  and 
?'l  the  stability  of  which  it  was  susceptible,  we  had  postponed 
the  establishment  of  several  internal  institutions,  more  espec- 
ially designed  to  protect  the  liberty  of  the  citizens.  Our  aim 
henceforth  is  nothing  else  than  to  increase  the  prosperity  of 
France  by  strengthening  public  liberty.  From  this  results  the 
necessity  of  several  important  alterations  in  the  constitutions, 
senatus-consulta,  and  other  acts  which  govern  the  Empire. 

For  these  reasons,  wishing,  on  the  one  hand,  to  retain  from 
the  past  whatever  is  good  and  salutary,  and,  on  the  other,  to 
make  the  constitutions  of  our  Empire  entirely  conformable 
to  the  national  wishes  and  needs,  as  well  as  to  the  state  of 
peace  which  we  shall  desire  to  maintain  with  Europe,  we  have 
resolved  to  propose  to  the  people  a series  of  provisions  tending 
to  alter  and  improve  these  constitutional  acts,  to  surround  the 
rights  of  citizens  with  all  their  guarantees,  to  give  to  the 
representative  system  its  full  extent,  to  invest  the  intermediary 
bodies  with  desirable  importance  and  power;  in  a word,  to 
combine  the  highest  point  of  political  liberty  and  individual 
security  with  the  strength  and  centralization  necessary  to 


ACT  ADDITIONAL 


473 


make  the  independence  of  the  French  people  and  the  dignity 
of  our  crown  respected  by  foreigners.  In  consequence,  the 
following  articles,  forming  an  act  supplementary  to  the  con- 
stitutions of  the  Empire,  shall  be  submitted  for  the  free 
and  solemn  acceptance  of  all  citizens  throughout  the  whole 
extent  of  France. 

TITLE  I.  GENERAL  PROVISIONS. 

1.  The  constitutions  of  the  Empire,  particularly  the  con- 
stitutional act  of  22  Frimaire,  Year  VIII,  the  senatus-con- 
sulta  of  14  and  16  Thermidor,  Year  X,  and  that  of  28  Floreal. 
Year  XII,  shall  be  altered  by  the  following  provisions.  All  of 
their  other  provisions  are  confirmed  and  maintained. 

2.  The  legislative  power  is  exercised  by  the  Emperor  and 
by  two  Chambers.- 

3.  The  first  Chamber,  called  Chamber  of  Peers,  is  hered- 
itary. 

4.  The  Emperor  appoints  its  members,  who  are  irremov- 
yi'Die,  they  and  their  male  descendants  in  the  direct  line  from 
eldest  to  eldest.  The  number  of  peers  is  unlimited.  Adoption 
does  not  transmit  the  dignity  of  a peer  to  the  one  who  is  the 
object  of  it. 

Peers  take  seats  at  twenty-one  years  of  age,  but  have  a 
deliberative  voice  only  at  twenty-five. 

5.  The  Chamber  of  Peers  is  presided  over  by  the  Arch- 
chancellor of  the  Empire,  or,  in  the  case  provided  for  by  article 
51  of  the  senatus-consultum  of  28  Floreal,  Year  XII,  by  one 
of  the  members  of  that  Chamber  especially  designated  by  the 
Emperor. 

6.  The  members  of  the  imperial  family  within  the  order 
of  succession  are  peers  by  right.  They  sit  behind  the  pres- 
ident. They  take  seats  at  eighteen  years  of  age,  but  have 
a deliberative  voice  only  at  twenty-one  years. 

7.  The  second  Chamber,  called  Chamber  of  Representa- 
tives, is  elected  by  the  people. 

8.  The  members  of  this  Chamber  are  in  number  six  hun- 
dred and  twenty-nine.  They  must  be  at  least  twenty-five  years 
of  age. 

9.  The  President  of  the  Chamber  of  Representatives  is 
appointed  by  the  Chamber  at  the  opening  of  the  first  session. 


474 


ACT  ADDITIONAL 


He  remains  in  office  until  the  renewal  of  the  Chamber.  His 
appointment  is  submitted  to  the  approval  of  the  Emperor. 

10.  The  Chamber  of  the  Representatives  verifies  the  pow- 
ers of  its  members  and  pronounces  upon  the  validity  of  con- 
tested elections. 

11.  The  members  of  the  Chamber  of  Representatives  re- 
ceive for  the  expenses  of  travel  and  during  the  session  the 
compensation  decreed  by  the  Constituent  Assembly. 

12.  They  are  indefinitely  re-eligible. 

13.  The  Chamber  of  Representatives  is  of  right  renewed 
entire  every  five  years. 

14.  No  member  of  either  Chamber  can  be  arrested,  saving 
the  case  of  flagrante  delicto,  nor  prosecuted  for  a criminal  or 
correctional  matter,  during  the  sessions,  except  in  virtue  of 
a resolution  of  the  Chamber  of  which  he  is  a part. 

15.  None  can  be  arrested  or  imprisoned  for  debts  from  the 
beginning  of  the  convocation  nor  for  forty  days  after  the 
session. 

16.  Peers  are  tried  by  their  Chamber  in  criminal  and  cor- 
rectional matters  in  the  forms  which  shall  be  regulated  by  law. 

17.  The  character  of  peer  or  of  representative  is  compat- 
ible with  any  public  position,  except  those  of  accountants. 

Nevertheless,  the  prefects  and  sub-prefects  cannot  lie  elected 
by  the  electoral  college  of  the  department  or  the  district  which 
they  administer. 

18.  The  Emperor  sends  into  the  Chambers  Ministers  of 
State  and  Councillors  of  State,  who  sit  there  and  take  part 
in  the  discussions,  but  have  a deliberative  voice  only  in  case 
they  are  members  of  the  Chamber  as  peers  or  as  representa- 
tives of  the  people. 

19.  The  ministers  who  are  members  of  the  Chamber  of 
Peers  or  of  that  of  the  Representatives,  or  who  sit  by  direc- 
tion of  the  Government,  give  to  the  Chambers  the  explanations 
which  are  deemed  necessary  when  their  publicity  does  not  com- 
promise the  interest  of  the  State. 

20.  The  sittings  of  the  two  Chambers  are  public.  Never- 
theless they  can  form  themselves  into  secret  committee,  the 
Chamber  of  Peers  upon  the  request  of  ten  members,  that  of  the 
Representatives  upon  the  request  of  twenty-five.  The  Gov- 
ernment can  also  require  secret  committees  for  communica- 


ACT  ADDITIONAL 


475 


tions  that  it  has  to  make.  In  any  case  the  decisions  and  the 
votes  can  take  place  only  in  public  session. 

21.  The  Emperor  can  prorogue,  adjourn  and  dissolve  the 
Chamber  of  Representatives.  The  proclamation  which  pro- 
nounces the  dissolution  convokes  the  electoral  colleges  for  a 
new  election,  and  directs  the  meeting  of  the  Representatives 
within  six  months  at  the  latest. 

22.  During  the  interval  between  sessions  of  the  Chamber 
of  Representatives,  or  in  case  of  dissolution  of  that  Chamber, 
the  Chamber  of  Peers  cannot  assemble. 

2,3.  The  Government  has  the  proposing  of  the  laws ; the 
Chambers  can  propose  amendments : if  these  amendments  are 
not  adopted  by  the  Government,  the  Chambers  are  required  to 
vote  upon  the  law  as  it  has  been  proposed. 

24.  The  Chambers  have  the  power  to  invite  the  Govern- 
ment to  propose  a law  upon  a defined  subject  and  to  draw  up 
what  seems  to  it  suitable  to  insert  in  the  law.  This  request 
can  be  made  by  each  of  the  two  Chambers. 

25.  When  a bill  is  adopted  in  one  of  the  two  Chambers,  it 
is  sent  to  the  other;  and  if  it  is  approved  there,  it  is  sent 
to  the  Emperor. 

26.  No  written  speech,  except  reports  of  commissions,  re- 
ports of  the  ministers  upon  the  laws  which  are  presented,  and 
the  accounts  which  are  rendered,  can  be  read  in  either  of  the 
Chambers. 

TITLE  IT.  OF  THE  ELECTORAL  COLLEGES  AND  OF  THE  MANNER  OF 
ELECTION. 

27.  The  department  and  district  electoral  colleges  are 
maintained,  in  conformity  with  the  senatus-consultum  of  16 
Thermidor,  Year  X,  except  for  the  modifications  that  follow. 

28.  The  cantonal  assemblies  shall  fill  each  year  by  annual 
elections  all  the  vacancies  in  the  electoral  colleges. 

29.  Dating  from  the  year  1816,  a member  of  the  Chamber 
of  Peers,  designated  by  the  Emperor,  shall  be  president,  for  life 
and  irremovable,  of  each  department  electoral  college. 

30.  Dating  from  the  same  time,  the  electoral  college  :of 
each  department  shall  appoint  from  among  the  members  of 
each  district  college,  the  president  and  two  vice-presidents. 
For  this  purpose  the  meeting  of  the  department  college  shall 
precede  that  of  the  district  college  by  fifteen  days. 


476 


ACT  ADDITIONAL 


31.  The  colleges  of  the  department  and  of  the  district  shall 
appoint  the  number  of  representatives  fixed  for  each  by  the 
act  and  the  table  herewith  annexed,  number  one. 

32.  Representatives  can  be  chosen  without  distinction 
[of  residence]  within  the  whole  extent  of  France. 

Each  department  or  district  college  which  shall  choose 
a representative  outside  of  the  department  or  the  district  shall 
select  a substitute  who  shall  be  taken  necessarily  from  within 
the  department  or  the  district. 

33.  Industry  and  manufacturing  and  commercial  property 
shall  have  a special  representation. 

The  election  of  the  commercial  and  manufacturing  repre- 
sentatives shall  ])e  made  by  the  electoral  college  of  the  depart- 
ment out  of  a list  of  eligibles  prepared  by  the  Chamber  of 
Commerce  and  the  Consultative  Chambers  assembled  together, 
according  to  the  act  and  table  herewith  annexed. 

TITLE  III.  OF  THE  LAW  OF  TAXATION. 

34.  The  general  direct  tax,  upon  either  real  estate  or  per- 
sonal property,  is  voted  only  for  one  year;  the  indirect  taxes 
can  be  voted  for  several  years. 

In  case  of  the  dissolution  of  the  Chamber  of  Representa- 
tives, the  taxes  voted  in  the  preceding  session  are  continued 
until  the  new  meeting  of  the  Chamber. 

35.  No  direct  or  indirect  tax,  in  money  or  in  kind,  can  be 
collected,  no  loan  can  be  made,  no  entry  of  credits  upon  the 
ledgers  of  the  public  debt  can  be  made,  no  domain  can  be  alien- 
ated or  exchanged,  no  levy  of  men  for  the  army  can  be  ordered, 
no  portion  of  the  territory  can  be  exchanged,  except  in  virtue 
of  a law. 

36.  No  proposal  for  taxation,  loan  or  the  levy  of  men,  can 
be  made  except  by  the  Chamber  of  Representatives. 

37.  To  the  Chamber  of  Representatives  also  is  first 
brought:  1st,  the  general  budget  of  the  State,  containing  the 
estimate  of  the  receipts  and  amount  of  money  proposed  to'  be 
assigned  for  the  year  to  each  department  of  the  ministry;  2d, 
the  account  of  the  receipts  and  expenses  of  the  year  or  the 
preceding  years. 

TITLE  IV.  OF  THE  MINISTERS  AND  OF  RESPONSIBILITY. 

38.  All  the  acts  of  the  Government  must  be  countersigned 
by  a minister  having  a department. 


ACT  ADDITIONAL 


477 


39.  The  ministers  are  responsible  for  the  acts  of  the  Gov- 
ernment signed  by  them,  as  well  as  for  the  execution  of  the 
laws. 

40.  They  can  be  accused  by  the  Chamber  of  Representa- 
tives and  are  tried  by  that  of  the  Peers. 

41.  Any  minister  or  any  commander  of  the  army  or  navy 
can  be  accused  by  the  Chamber  of  Representatives  and 
tried  by  the  Chamber  of  Peers  for  having  compromised  the 
safety  or  the  honor  of  the  nation. 

42.  The  Chamber  of  Peers  in  this  case  exercises  a discre- 
tionary power,  either  to  characterise  the  offence  or  to  inflict 
the  penalty. 

43.  Before  pronouncing  for  the  indictment  of  a minister, 
the  Chamber  of  Representatives  must  declare  that  there  is  oc- 
casion to  investigate  the  proposal  of  accusation. 

44.  This  declaration  can  be  made  only  after  the  report 
of  a commission  of  sixty  members  drawn  by  lot.  This  com- 
mission does  not  make  its  report  sooner  than  ten  days  after 
its  appointment. 

45.  When  the  Chamber  has  declared  that  there  is  occasion 
to  investigate,  it  can  call  before  it  the  minister  to  ask  for 
explanations  from  him.  This  call  cannot  take  place  until  ten 
days  after  the  report  of  the  commission. 

46.  In  no  other  case  can  ministers  having  departments  be 
called  or  sent  for  by  the  Chambers. 

47.  When  the  Chamber  of  Representatives  has  de- 
clared that  there  is  occasion  to  investigate  a minister,  there 
is  formed  a new  commission  of  sixty  members,  drawn  by  lot, 
as  was  the  first,  and  this  commission  makes  a new  report  upon 
the  indictment.  This  commission  cannot  make  its  report  until 
ten  days  after  its  appointment. 

48.  The  indictment  cannot  be  pronounced  until  ten  days 
after  the  reading  and  the  distribution  of  the  report. 

49.  The  accusation  being  pronounced,  the  Chamber  of 
Representatives  appoints  five  commissioners  taken  from  its 
body,  to  prosecute  the  accusation  before  the  Chamber  of  Peers. 

50.  Article  73  of  title  vm  of  the  constitutional  act  of 
22  Frimaire,  Year  VIII,  providing  that  the  agents  of  the  Gov- 
ernment can  be  prosecuted  only  in  virtue  of  a decision  of  the 
Council  of  State,  shall  be  altered  by  a law. 


478 


ACT  ADDITIONAL 


TITLE  V.  OF  THE  JUDICIAL  POWER. 

51.  The  Emperor  appoints  all  the  judges.  They  are  irre- 
movable, and  are  appointed  for  the  remainder  of  their  lives, 
except  the  appointments  of  justices  of  the  peace  and  judges  of 
commerce,  which  shall  take  place  as  in  the  past.  The  present 
judges  appointed  by  the  Emperor  upon  the  terms  of  the  senatus- 
consultum  of  October  12,  1807,  and  whom  he  shall  think  proper 
to  retain,  shall  receive  life  nominations  before  the  first  of  Jan- 
uary next. 

52.  The  jury  system  is  retained. 

53.  Trials  in  criminal  matters  are  public. 

54.  Military  offences  only  are  under  the  jurisdiction  of  the 
military  tribunals. 

55.  All  other  offences,  even  if  committed  by  soldiers,  are 
under  the  jurisdiction  of  the  civil  tribunals. 

56.  All  crimes  and  offences  over  which  the  Imperial  High 
Court  had  jurisdiction  and  the  trial  of  which  is  not  reserved  by 
the  present  act  to  the  Chamber  of  Peers,  shall  be  brought  be- 
fore the  ordinary  tribunals. 

57.  The  Emperor  has  the  right  to  pardon,  even  in  correc- 
tional matters,  and  to  grant  amnesties. 

58.  The  interpretations  of  the  laws  asked  for  by  the  Court 
of  Cassation  shall  be  given  in  the  form  of  a law. 

TITLE  VI.  RIGHTS  OF  CITIZENS. 

59.  Frenchmen  are  equal  before  the  law,  whether  for  con- 
tribution to  public  taxes  and  charges  or  for  admission  to  civil 
and  military  employments. 

60.  No  one  under  any  pretext  can  be  deprived  of  the 
judges  who  are  assigned  to  him  by  law. 

61.  No  one  can  be  prosecuted,  arrested,  detained  or  exiled 
except  in  the  cases  provided  for  by  law  and  according  to  the 
prescribed  forms. 

62.  Liberty  of  worship  is  guaranteed  to  all. 

63.  All  property  possessed  or  acquired  by  virtue  of  the 
laws,  and  all  state-credits,  are  inviolable. 

64.  Every  citizen  has  the  right  to  print  and  publish  his 
thoughts  in  signed  form  without  any  prior  censorship,  subject 
to  legal  responsibility,  after  publication,  by  jury  trial,  even  when 
there  may  be  occasion  for  the  application  of  only  a correctional 
penalty. 


TREATY  OF  PARIS 


479 


65.  The  right  of  petition  is  secured  to  all  citizens.  Every 
petition  is  individual.  These  petitions  can  be  addressed  either 
to  the  Government  or  to  the  two  Chambers : but  these  last 
also  must  be  entitled:  To  his  Majesty  the  Emperor.  They 
shall  be  presented  to  the  Chambers  under  the  guarantee  of  a 
member  who  recommends  the  petition.  They  are  read  publicly ; 
and  if  the  Chamber  takes  them  into  consideration,  they  are 
brought  to  the  Emperor  by  the  President. 

66.  No  place  nor  any  part  of  the  territory  can  be  declared 
in  a state  of  siege,  except  in  the  case  of  invasion  on  the  part  of 
a foreign  force,  or  of  civil  troubles. 

In  the  first  case,  the  declaration  is  made  by  an  act  of  the 
Government. 

In  the  second  case,  it  can  be  made  only  by  a law. 

Yet,  the  case  occurring,  if  the  Chambers  are  not  assembled, 
the  act  of  the  Government  declaring  the  state  of  siege  must 
be  converted  into  a proposal  for  a law  within  the  first  fifteen 
days  of  the  meeting  of  the  Chambers. 

67.  The  French  people  declare  that,  in  the  delegation  which 
it  has  made  and  which  it  makes  of  its  powers,  it  has  not  in- 
tended and  does  not  intend  to  give  the  right  to  propose  the 
re-establishment  of  the  Bourbons  or  of  any  prince  of  that  fam- 
ily upon  the  throne,  even  in  the  case  of  the  extinction  of  the 
imperial  dynasty,  nor  the  right  to  re-establish  either  the  ancient 
feudal  nobility,  or  the  feudal  and  seignioral  rights,  or  the  tithes, 
or  any  privileged  and  ruling  worship,  or  the  power  to  bring  any 
attack  upon  the  irrevocability  of  the  sale  of  the  national  do- 
mains ; it  especially  forbids  to  the  Government,  the  Chambers 
and  the  citizens  any  proposition  of  this  kind. 

[The  tables  mentioned  in  articles  31  and  33  are  omitted. 
These  tables  regulated  the  apportionment  of  the  deputies.] 


99.  Treaty  of  Paris. 


November  20,  1815.  Herstlet,  Map  of  Europe  61/  Treaty,  342- 
350. 

This  treaty  contains  the  terms  imposed  upon  France  by  the 
Allies  at  the  end  of  the  Hundred  Days.  By  comparing  it  with  the 


480 


TREATY  OF  PARRS 


treaty  of  the  previous  year  (No.  913  a large  part  of  what  that 
episode  cost  France  can  be  ascertained. 

References.  Fyffe,  Modern  Europe,  II,  60-G3  (Popular  ed., 
406-408)  ; Andrews,  Modern  Europe,  I,  111-113;  Seignobos,  Europe 
, Since  ISJ't,  113-114  ; Lavisse  and  Rambaud,  Histoire  Generale,  IX, 
930-931. 

In  the  Name  of  the  Most  Holy  and  Undivided  Trinity. 

The  Allied  Powers  having  by  their  united  efforts,  and  by 
the  success  of  their  arms,  preserved  France  and  Europe  from 
the  convulsions  with  which  they  were  menaced  by  the  late 
enterprise  of  Napoleon  Bonaparte,  and  by  the  revolutionary 
system  reproduced  in  France,  to  promote  its  success;  par- 
ticipating at  present  with  His  Most  Christian  Majesty  in  the 
desire  to  consolidate,  by  maintaining  inviolate  the  Royal 
authority,  and  by  restoring  the  operation  of  the  Constitutional 
Charter,  the  order  of  things  which  had  been  happily  re- 
established in  France,  as  also  in  the  object  of  restoring  be- 
tween France  and  her  neighbours  those  relations  of  recipro- 
cal confidence  and  good  will  which  the  fatal  effects  of  the 
Revolution  and  of  the  system  of  Conquest  had  for  so  long 
a time  disturbed:  persuaded,  at  the  same  time,  that  this  last 
object  can  only  be  obtained  by  an  arrangement  framed  to  se- 
cure to  the  Allies  proper  indemnities  for  the  past  and  solid 
guarantees  for  the  future,  they  have,  in  concert  with  His 
Majesty  the  King  of  France,  taken  into  consideration  the 
means  of  giving  effect  to  this  arrangement ; and  being  satisfied 
that  the  indemnity  due  to  the  Allied  Powers  cannot  be  either 
entirely  territorial  or  entirely  pecuniary,  without  prejudice 
to  France  in  one  or  other  of  her  essential  interests,  and  that 
it  would  be  more  fit  to  combine  both  the  modes,  in  order  to 
avoid  the  inconvenience  which  would  result,  were  either  re- 
sorted to  separately,  their  Imperial  and  Royal  Majesties  have 
adopted  this  basis  for  their  present  transactions ; and  agree- 
ing alike  as  to  the  necessity  of  retaining  for  a fixed  time  in 
the  Frontier  Provinces  of  France,  a certain  number  of  allied 
troops,  they  have  determined  to  combine  their  different  ar- 
rangements, founded  upon  these  bases,  in  a Definitive  Treaty. 

1.  The  frontiers  of  France  shall  be  the  same  as  they  were 
in  the  year  1790,  save  and  except  the  modifications  on  one 


TREATY  OF  PARIS 


481 


side  and  on  the  other,  which  are  detailed  in  the  present  Ar- 
ticle. 

[This  line  is  indicated  in  the  maps  facing  p.  350  of  Herst- 
let,  Map  of  Europe  by  Treaty.  ] 

4.  The  pecuniary  part  of  the  indemnity  to  be  furnished 
by  France  to  the  Allied  Powers  is  fixed  at  the  sum  of  700,- 
000,000  Francs.  . 

5.  The  state  of  uneasiness  and  fermentation,  which  after 

so  many  violent  convulsions,  and  particularly  after  the  last 
catastrophe,  France  must  still  experience,  notwithstanding  the 
paternal  intentions  of  her  King,  and  the  advantages  secured 
to  every  class  of  his  subjects  by  the  Constitutional  Charter, 
requiring  for  the  security  of  the  neighbouring  States,  certain 
measures  of  precaution  and  of  temporary  guarantee,  it  has 
been  judged  indispensable  to  occupy,  during  a fixed  time,  by 
a corps  of  Allied  Troops  certain  military  positions  along  the 
frontiers  of  France,  under  the  express  reserve,  that  such 
occupation  shall  in  no  way  prejudice  the  Sovereignty  of  His 
Most  Christian  Majesty,  nor  the  state  of  possession,  such  as 
it  is  recognized  and  confirmed  by  the  present  Treaty.  The 
number  of  these  troops  shall  not  exceed  150,000  men.  . . 

As  the  maintenance  of  the  army  destined  for  this  service  is 
to  be  provided  by  France,  a Special  Convention  shall  reg- 
ulate everything  which  may  relate  to  that  object. 

The  utmost  extent  of  the  duration  of  this  military  occupation 
is  fixed  at  5 years.  It  may  terminate  before  that  period  if, 
at  the  end  of  3 years,  the  Allied  Sovereigns,  after  having, 
in  concert  with  His  Majesty  the  King  of  France,  maturely 
examined  their  material  situation  and  interests,  and  the 
progress  which  shall  have  been  made  in  France  in  the  re- 
establishment of  order  and  tranquility,  shall  agree  to  acknowl- 
edge that  the  motives  which  led  them  to  that  measure  have 
ceased  to  exist.  But  whatever  may  be  the  result  of  this  delib- 
eration, all  the  Fortresses  and  Positions  occupied  by  the  Allied 
troops  shall,  at  the  expiration  of  5 years,  be  evacuated  with- 
out further  delay,  and  given  up  to  His  Most  Christian  Maj- 
esty, or  to  his  heirs  and  successors. 

11.  The  Treaty  of  Paris  of  the  30th  of  May,  1814,  and 
16 


482 


TREATY  OF  ALLIANCE  AGAINST  FRANCE 


the  Final  Act  of  the  Congress  of  Vienna  of  the  9th  of  June, 
1815,  are  confirmed,  and  shall  be  maintained  in  all  such  of 
their  enactments  which  shall  not  have  been  modified  by  the 
Articles  of  the  present  Treaty. 


100.  Treaty  of  Alliance  against  France. 


November  20,  1815.  Ilerstlet,  Map  of  Europe  bp  Treaty,  372- 
375. 

This  secret  treaty  was  signed  at  Paris  on  the  same  day  as  the 
treaty  of  peace  with  France  (No.  99).  It  shows  w7hat  Europe  still 
feared  from  France  and  the  measures  which  the  Allies  believed  to 
be  necessary  in  order  to  avert  that  danger.  It  is  also  important 
in  connection  with  that  conceit  of  Powers  later  known  as  the  Holy 
Alliance.  Its  relationship  towards  the  Holy  Alliance  treaty  of 
September  26,  1815,  and  the  actual  alliance  should  receive  careful 
attention. 


References.  Fyffe,  Modern  Europe,  II,  63-66  (Popular  ed., 
408-411)  ; Andrew's,  Modern  Europe,  I,  117-121  ; Lavisse  and  Ram- 
baud,  Histoire  Generate,  X,  65-68. 


In  the  Name  of  the  Most  Holy  and  Undivided  Trinity. 

The  purpose  of  the  alliance  concluded  at  Vienna  the  25th 
day  of  March,  1815,  having  been  happily  attained  by  the  re- 
establishment in  France  of  the  order  of  things  which  the  last 
criminal  attempt  of  Napoleon  Bonaparte  had  momentarily 
subverted;  Their  Majesties  the  King  of  the  United  Kingdom 
of  Great  Britain  and  Ireland,  the  Emperor  of  Austria,  King 
of  Hungary  and  Bohemia,  the  Emperor  of  all  the  Russias, 
and  the  King  of  Prussia,  considering  that  the  repose  of  Europe 
is  essentially  interwoven  with  the  confirmation  of  the  order 
of  things  founded  on  the  maintenance  of  the  Royal  Author- 
ity and  of  the  Constitutional  Charter,  and  wishing  to  employ 
all  their  means  to  prevent  the  general  Tranquility  (the  object 
of  the  wishes  of  mankind  and  the  constant  end  of  their 
efforts),  from  being  again  disturbed;  desirous  moreover  to 
draw  closer  the  ties  which  unite  them  for  the  common  Interests 
of  their  people,  have  resolved  to  give  to  the  principles  solemnly 
laid  down  in  the  Treaties  of  Chaumont  of  the  1st  March, 
1814,  and  of  Vienna  of  the  25th  of  March,  1815,  the  applica- 


TREATY  OF  ALLIANCE  AGAINST  FRANCE 


4^3 


tion  the  most  analogous  to  the  present  state  of  affairs,  and  to 
fix  beforehand  by  a solemn  Treaty  the  principles  which  they 
propose  to  follow,  in  order  to  guarantee  Europe  from  dangers 
by  which  she  may  still  be  menaced ; 

i.  The  High  Contracting  Parties  reciprocally  promise  to 
maintain,  in  its  force  and  vigour,  the  Treaty  signed  this  day 
with  His  Most  Christian  Majesty,  and  to  see  that  the  stipula- 
tions of  the  said  Treaty,  as  well  as  those  of  the  Particular 
Conventions  which  have  reference  thereto,  shall  be  strictly  and 
faithfully  executed  in  their  fullest  extent. 

A The  High  Contracting  Parties,  having  engaged  in  the 
war  which  has  just  terminated  for  the  purpose  of  maintain- 
ing inviolably  the  Arrangements  settled  at  Paris  last  year,  for 
the  safety  and  interest  of  Europe,  have  judged  it  advisable 
to  renew  the  said  Engagements  by  the  present  Act,  and  to 
confirm  them  as  mutually  obligatory,  subject  to  the  modifica- 
tions contained  in  the  Treaty  signed  this  day  with  the  Plen- 
ipotentiaries of  His  Most  Christian  Majesty,  and  particularly 
those  by  which  Napoleon  Bonaparte  and  his  family  in  pur- 
suance of  the  Treaty  of  the  nth  of  April,  1814,  have  been 
forever  excluded  from  Supreme  Power  in  France,  which  ex- 
clusion the  Contracting  Powers  bind  themselves,  by  the  pres- 
ent Act,  to  maintain  in  full  vigour,  and,  should  it  be  necessary, 
with  the  whole  of  their  forces.  And  as  the  same  Revolution- 
ary Principles  which  upheld  the  last  criminal  usurpation,  might 
again,  under  other  forms,  convulse  France,  and  thereby  en- 
danger the  repose  of  other  States ; under  these  circumstances, 
the  High  Contracting  Parties  solemnly  admitting  it  to  be 
their  duty  to  redouble  their  watchfulness  for  the  tranquility 
and  interests  of  their  people,  engage,  in  case  so  unfortunate 
an  event  should  again  occur,  to  concert  among  themselves, 
and  with  His  Most  Christian  Majesty,  the  measures  which 
they  may  judge  necessary  to  be  pursued  for  the  safety  of  their 
respective  States,  and  for  the  general  Tranquility  of  Europe. 

3.  The  High  Contracting  Parties,  in  agreeing  with  His 
Most  Christian  Majesty  that  a line  of  Military  Positions  in 
France  should  be  occupied  by  a corps  of  Allied  Troops  during 
a certain  number  of  years,  had  in  view  to  secure,  as  far  as 
lay  in  their  power,  the  effect  of  the  stipulations  contained  in 


4§4 


TREATY  OF  ALLIANCE  AGAINST  FRANCE 


articles  I and  2 of  the  present  Treaty,  and  uniformly  disposed 
to  adopt  every  salutary  measure  calculated  to  secure  the 
tranquility  of  Europe  by  maintaining  the  order  of  things  re- 
established in  France,  they  engage,  in  case  the  said  body  of 
troops  should  be  attacked  or  menaced  with  an  attack  on  the 
part  of  France,  that  the  said  Powers  should  be  again  obliged 
to  place  themselves  on  a war  establishment  against  that 
Power,  in  order  to  maintain  either  of  the  said  stipulations,  or 
to  secure  and  support  the  great  interests  to  which  they  relate, 
each  of  the  High  Contracting  Parties  shall  furnish,  without 
delay,  according  to  the  stipulations  of  the  Treaty  of  Chaumont, 
and  especially  in  pursuance  of  articles  7 and  8 of  that  Treaty, 
its  full  contingent  of  60,000  men,  in  addition  to  the  forces  left 
in  France,  or  such  part  of  the  said  contingent  as  the  exigency 
of  the  case  may  require,  should  be  put  in  motion. 

4.  If,  unfortunately,  the  forces  stipulated  in  the  preceding 
Article  should  be  found  insufficient,  the  High  Contracting  Par- 
ties will  concert  together,  without  loss  of  time,  as  to  the  ad- 
ditional number  of  troops  to  be  furnished  by  each  for  the 
support  of  the  common  cause ; and  they  engage  to  employ,  in 
case  of  need,  the  whole  of  their  forces,  in  order  to  bring  the 
War  to  a speedy  and  successful  termination,  reserving  to 
themselves  the  right  to  prescribe,  by  common  consent,  such 
conditions  of  Peace  as  shall  hold  out  to  Europe  a sufficient 
guarantee  against  the  recurrence  of  a similar  calamity. 

5.  The  High  Contracting  Parties  having  agreed  to  the  dis- 
position^ laid  down  in  the  preceding  Articles,  for  the  purpose 
of  securing  the  effect  of  their  engagements  during  the  period 
of  the  temporary  occupation,  declare,  moreover,  that  even 
after  the  expiration  of  this  measure,  the  said  engagements 
shall  still  remain  in  full  force  and  vigour,  for  the  purpose  of 
carrying  into  effect  such  measures  as  may  be  deemed  neces- 
sary for  the  maintenance  of  the  stipulations  contained  in 
articles  1 and  2 of  the  present  Act. 

6.  To  facilitate  and  to  secure  the  execution  of  the  present 
Treaty,  and  to  consolidate  the  connections  which  at  the  pres- 
ent moment  so  closely  unite  the  Four  Sovereigns  for  the  hap- 
piness of  the  world,  the  High  Contracting  Parties  have  agreed 
to  renew  their  Meetings  at  fixed  periods,  either  under  the  im- 
mediate auspices  of  the  Sovereigns  themselves,  or  by  their  re- 


PRESS  LAWS  OF  THE  RESTORATION 


485 


spective  Ministers,  for  the  purpose  of  consulting  upon  their 
common  interests,  and  for  the  consideration  of  the  measures 
which  at  each  of  those  periods  shall  be  considered  the  most 
salutary  for  the  repose  and  prosperity  of  Nations,  and  for 
the  maintenance  of  the  Peace  of  Europe. 


101.  Press  Laws  and  Ordinances  of  the  Restoration. 


The  Constitutional  Charter  contained  only  general  provisions 
upon  the  press  and  the  election  of  deputies.  Both  matters,  therefore, 
had  to  be  regulated  by  ordinances  or  laws,  and  the  political  battles 
of  the  period  1 815-1-830  centered  largely  about  these  measures. 
With  each  pronounced  change  of  general  policy  there  was  usually 
some  alteration  of  the  measures  regulating  one  or  both  matters. 
For  this  reason  these  documents  upon  the  press  illustrate  the  gen- 
eral tendency  of  the  policy  pursued  during  the  period.  Document 
D was  promulgated  after  the  Chamber  of  Peers  had  rejected  a 
project  of  law  more  restrictive  than  document  C. 

References.  Seignobos,  Europe  Since  181J,,  120-125,  passim; 
Andrews.  Modern  Europe,  I,  150-166,  passim;  Lavisse  and  Ram- 
band,  Histoire  Generate,  X,  107-109,  111,  115,  131-133. 

A.  Law  upon  the  Press.  June  9,  1819.  Duvergier,  Lois, 
XXII,  165-166. 

1.  The  proprietors  or  editors  of  any  newspaper  or  period- 
ical work,  devoted  in  whole  or  in  part  to  news  or  political 
matters,  and  appearing  either  on  a fixed  day  or  in  parts,  or 
irregularly,  but  more  than  once  per  month,  shall  be  required, 

1st.  To  make  a declaration  setting  forth  the  name  of  at 
least  one  proprietor  or  responsible  editor,  his  residence  and 
the  duly  authorised  printing  office  at  which  the  newspaper  or 
periodical  work  must  be  printed ; 

2d.  To  furnish  a money  deposit  which  shall  be,  in  the 
departments  of  the  Seine,  Seine-et-Oise  and  Seine-et-Marne, 
ten  thousand  francs  of  yearly  income  for  daily  newspapers, 
and  five  thousand  francs  of  yearly  income  for  newspapers 
or  periodical  works  appearing  at  less  frequent  intervals ; 

And  in  the  other  departments,  the  money  deposit  for  daily 
newspapers  shall  be  two  thousand  five  hundred  francs  of  yearly 
income  in  cities  of  fifty  thousand  souls  and  upwards ; of  fif- 
teen hundred  francs  of  yearly  income  in  the  cities  below 


486 


PRESS  LAWS  OF  THE  RESTORATION 


[fifty  thousand],  and  of  half  these  yearly  incomes  for 
newspapers  or  periodical  works  which  appear  at  less  frequent 
intervals. 

2.  The  responsibility  of  the  authors  or  editors  named  in 
the  declaration  shall  extend  to  all  the  articles  inserted  in  the 
newspaper  or  periodical  work,  without  prejudice  to  the  mu- 
tual responsibility  of  the  authors  or  writers  of  the  said 
articles. 


5.  At  the  moment  of  the  publication  of  each  sheet  or  part 
of  the  newspaper  or  periodical  writing,  a copy  thereof,  signed 
by  a proprietor  or  responsible  editor,  shall  be  sent  to  the 
prefecture  in  the  head-towns  of  the  departments,  to  the  sub- 
prefecture in  those  of  the  district,  and  in  the  others,  to  the 
maire. 

This  formality  shall  not  delay  nor  suspend  the  dispatching 
or  distribution  of  the  newspaper  or  periodical  work. 

6.  Whoever  shall  publish  a newspaper  or  periodical  work 
without  complying  with  the  conditions  prescribed  by  articles 
1,  4 and  5 of  the  present  law  shall  be  punished  correctionally 
with  an  imprisonment  of  from  one  month  to  six  months  and 
a fine  of  from  two  hundred  francs  to  twelve  hundred  francs. 

7.  The  editors  of  any  newspaper  or  periodical  work  shall 
not  render  an  account  of  the  secret  sessions  of  the  Chambers, 
nor  of  one  of  them,  without  their  authorisation. 

9.  The  proprietors  or  responsible  editors  of  a newspaper 
or  periodical  work,  or  the  authors  or  writers  of  articles  printed 
in  the  said  newspaper  or  work,  accused  of  crimes  or  offences 
for  act  of  publication,  shall  be  prosecuted  and  tried  in  the 
forms  and  according  to  the  distinctions  prescribed  with  re- 
spect to  all  other  publications. 


B.  Law  upon  the  Press.  March  31,  1820.  Duvergier, 
Lois,  XXII,  409-410. 

1.  The  free  publication  of  newspapers  and  periodical  works 
devoted  in  whole  or  in  part  to  news  and  to  political  matters, 


PRESS  LAWS  OF  THE  RESTORATION 


487 


and  appearing  either  at  a fixed  day  or  irregularly  and  by  parts, 
is  temporarily  suspended  until  the  term  hereinafter  fixed. 

2.  None  of  the  said  newspapers  and  periodical  works  can 
be  published  except  with  the  authorisation  of  the  King. 

However,  the  actually  existing  newspapers  and  periodical 
works  shall  continue  to  appear,  upon  conforming  with  the  pro- 
visions of  the  present  law. 

3.  The  authorisation  required  by  the  preceding  article  can 
be  accorded  only  to  those  which  shall  prove  that  they  have 
conformed  with  the  conditions  prescribed  in  article  1 of  the 
law  of  June  9,  1819. 

4.  Before  the  publication  of  any  sheet  or  part,  the  manu- 
script must  be  submitted,  by  the  proprietor  or  responsible  ed- 
itor, to  a prior  examination. 

5.  Any  proprietor  or  responsible  editor  who  may  have 
caused  to  be  printed  a sheet  or  a part  of  a newspaper  or  peri- 
odical work  without  having  communicated  it  to  the  censor 
before  printing,  or  who  may  have  inserted  in  one  of  the  said 
sheets  or  parts  an  article  not  communicated  or  not  approved, 
shall  be  punished  correctionally  by  an  imprisonment  of  from 
one  month  to  six  months,  and  by  a fine  ot  from  two  hundred 
francs  to  twelve  hundred  francs,  without  prejudice  to  the  pros- 
ecutions to  which  the  contents  of  these  sheets,  parts  ana 
articles  may  give  occasion. 

6.  When  a proprietor  or  responsible  editor  shall  be  pros- 
ecuted in  virtue  of  the  preceding  article  the  Government  can 
pronounce  the  suspension  of  the  newspaper  or  periodical  work 
until  the  judicial  decision. 

7.  Upon  inspection  of  the  judgment  of  condemnation,  the 
Government  can  prolong  for  a term  which  shall  not  exceed  six 
months,  the  suspension  of  the  said  newspaper  or  periodical 
work.  In  case  of  repetition  it  can  pronounce  definitively  the 
suppression  thereof. 

8.  No  printed,  engraved  or  lithographic  design  can  be 
published,  exposed,  distributed  or  put  on  sale,  without  the 
prior  authorisation  of  the  Government. 

Those  who  may  contravene,  this  provision  shall  be  pun- 
ished with  the  penalties  provided  in  article  5 of  the  present 
law. 

9.  The  provisions  of  the  laws  of  May  17,  May  26,  and 


488 


PRESS  LAWS  OF  THE  RESTORATION 


June  9,  1819,  in  which  there  is  no  alteration  by  the  above 
articles  shall  continue  to  be  executed. 

10.  The  present  law  of  right  shall  cease  to  have  its  effect 
at  the  end  of  the  session  of  1820. 

C.  Law  upon  the  Press.  March  17,  1822.  Duvergier, 
Lois,  XXIII,  478-480. 

1.  No  newspaper  or  periodical  work,  devoted  in  whole  or 
in  part  to  news  or  to  political  matters,  and  appearing  either 
regularly  and  at  fixed  day,  or  by  parts  and  irregularly,  can 
be  established  and  published  without  the  authorisation  of  the 
King. 

This  provision  is  not  applicable  to  the  newspapers  and  peri- 
odical works  existing  January  1,  1822. 

2.  The  first  copy  of  each  sheet  or  part  of  periodical  works 
and  newspapers,  at  the  very  instant  of  its  issue  from  the -press, 
shall  be  dispatched  to  and  deposited  at  the  office  of  the  pro- 
cureur  of  the  King  of  the  place  of  printing.  This  .remittance 
shall  take  the  place  of  that  which  was  prescribed  by  article 
5 of  the  law  of  June  9,  1819. 

3.  In  the  case  in  which  the  spirit  of  a newspaper  or 
periodical  work,  resulting  from  a succession  of  articles,  may 
be  of  a nature  to  constitute  an  attack  upon  the  public  peace, 
the  respect  due  to  the  religion  of  the  State  or  other  religions 
legally  recognized  in  France,  the  authority  of  the  King,  the 
stability  of  the  constitutional  institutions,  the  inviolability  of 
the  sales  of  the  national  lands  and  the  tranquil  possession 
of  these  properties,  the  royal  courts  in  the  jurisdiction  of  which 
they  shall  be  established,  in  solemn  audience  of  two  chambers 
and  after  having  heard  the  procureur-general  and  the  parties, 
shall  be  able  to  pronounce  the  suspension  of  the  newspaper 
or  periodical  work  during  a time  which  cannot  exceed  one 
month  for  the  first  time  and  three  months  for  the  second. 
After  these  two  suspensions,  in  case  of  new  repetition,  defin- 
itive suppression  can  be  ordered. 

4.  If,  in  the  interval  of  the  sessions  of  the  Chambers, 
grave  circumstances  should  render  momentarily  insufficient  the 
established  measures  of  guarantee  and  repression,  the  laws  of 
March  31,  1820,  and  of  July  26,  1821,  can  be  immediately  put 
into  operation  again,  in  virtue  of  an  ordinance  of  the  King 


KEEPER  OF  THE  SEALS  CIRCULAR 


489 


deliberated  in  Council  of  State  and  countersigned  by  three 
ministers. 

This  provision  of  right  shall  cease  one  month  after  the 
opening  of  the  session  of  the  two  Chambers,  if,  during  that 
interval,  it  has  not  been  converted  into  a law. 

It,  likewise  of  right,  shall  cease  the  day  on  which  may 
be  published  an  ordinance  which  pronounces  the  dissolution  of 
the  Chamber  of  Deputies. 

5.  The  provisions  of  previous  laws  in  which  there  is  no 
alteration  by  the  present  shall  continue  to  be  executed. 

D.  Royal  Ordinance  upon  the  Press.  June  24,  1827.  Du- 
vergier,  Lois,  XXVII,  290. 

Charles,  etc.,  upon  the  report  of  our  Minister-Secretary  of 
State  for  the  department  of  the  Interior,  in  view  of  our  or- 
dinance of  this  day,  concerning  the  putting  in  operation  of  the 
laws  of  March  31,  1820,  and  of  July  26,  1821,  relative  to  the 
publication  of  newspapers  and  periodical  works,  etc. 

1.  There  shall  be  at  Paris,  in  the  service  of  our  Minister- 
Secretary  of  State  for  the  department  of  the  Interior,  a bureau 
charged  with  the  prior  examination  of  all  newspapers  and 
periodical  works. 

2.  This  bureau  shall  be  composed  of  six  censors,  who  shall 
be  appointed  by  us,  upon  the  presentation  of  our  Minister- 
Secretary  of  State  of  the  Interior. 

3 Every  number  of  a newspaper  or  periodical  work,  before 
being  printed,  must  have  been  furnished  with  the  visa  of  this 
bureau,  which  shall  authorise  the  publication  thereof,  in  con- 
formity with  article  5 of  the  law  of  March  31,  1820. 

6.  In  the  departments,  the  prefects  shall  appoint,  according 
to  the  needs,  one  or  several  censors  charged  with  the  prior 
examination  of  the  newspapers  which  shall  be  published  there. 


102.  Circular  of  the  Keeper  of  the  Seals. 

About  February  1,  1824.  Moniteur,  February  4,  1824. 

In  February,  1824,  a general  election  for  members  of  the  Cliam- 


450 


KEEPER  OF  THE  SEALS  CIRCULAR 


ber  of  Deputies  occurred.  The  reactionary  ministry  then  in  office 
left  no  stone  unturned  in  its  efforts  to  secure  a large  majority 
favorable  to  itself.  This  document,  which  was  sent  to  all  of  the 
prefects,  illustrates  the  kind  of  methods  employed  by  the  min- 
istry in  that  election  and  is  also  typical  of  the  manner  in  which 
ihe  administrative  officials  were  used  throughout  the  pieriod.  The 
flection  produced  an  overwhelming  majority  for  the  ministry. 

References.  Seignobos,  Europe  Since  1814,  123  ; Lavisse  and 
Rambaud,  llistoire  Gcnerale,  X,  121-122. 

The  King  has  deemed  it  useful  for  the  welfare  of  the  State 
to  dissolve  the  Chamber  of  Deputies  and  to  order  the  general 
elections. 

The  experience  which  you  have  acquired  in  affairs  will 
not  permit  you  to  misunderstand  the  aim  of  that  measure,  and 
the  knowledge  which  you  have  of  the  interests  of  France  and 
of  your  duties  will  have  long  since  appraised  you  of  the  zeal 
which  you  ought  to  display  in  order  to  assure  the  success,  of  it. 
Instability  cannot  be  an  isolated  accident  in  the  State. 
When  the  systems  of  the  Government  change  it  soon  descends 
to  the  lowest  grades  of  the  scale  of  public  employments,  and 
there  is  no  functionary  or  magistrate,  whatever  may  be  his 
rank  or  his  employment,  who  ought  not  to  desire  for  himself 
that  the  general  administration  should  receive  and  preserve  a 
uniform  and  constant  direction. 

On  the  other  hand,  sir,  the  Government  confers  public  em- 
ployments only  in  order  that  it  may  be  served  and  supported. 
Whoever  accepts  a place  contracts  at  the  same  time  an  obliga- 
tion to  consecrate  his  efforts,  his  talents,  and  his  influence  to 
the  service  of  the  Government : it  is  a contract  of  which  re- 
ciprocity forms  the  bond.  If  the  Government  withdraws  the 
place,  the  one  who  loses  it  recovers  the  right  to'  dispose  of 
himself  and  to  regulate  at  his  own  will  all  the  actions  of  his 
public  life ; if  the  functionary  refuses  to  the  Government  the 
services  which  it  expects  of  him,  he  betrays  his  fidelity  and 
breaks  voluntarily  the  compact  of  which  the  position  that  he 
fills  has  been  the  object  and  the  condition.  It  is  the  most 
certain  and  the  most  irrevocable  of  abdications : the  Gov- 
ernment owes  nothing  further  to  one  who  does  not  render  to  it 
all  that  he  owes  it. 

Make  haste,  sir,  to  recall  these  truths  to  your  deputies,  the 
officers  of  the  judicial  police  and  the  ministerial  officials  of 


DISSOLUTION  OF  THE  CHAMBER 


491 


your  jurisdiction,  all  those,  in  a word,  of  whom  the  law  has 
made  you  the  overseer  and  guide.  Say  to  them  that  I demand 
of  them  a loyal,  active  and  effective  co-operation.  Prescribe 
for  them  a prudent  and  uniform  conduct.  Condemn  without 
qualification  all  division  in  voting,  of  which  the  most  certain 
effect  would  be  to  offer  chances  of  success  to  the  opposition. 
Announce  to  them  that  you  will  be  attentive  to  their  proceed- 
ings, and  be  particular  to  fulfill  that  promise.  I like  to  persuade 
myself  that  you  will  have  only  favorable  reports  to  transmit 
to  me,  and  that  I myself  shall  have  to  transmit  to  them  only 
thanks  and  eulogies. 

Receive,  sir,  assurance  of  a perfect  consideration. 


103.  Documents  upon  the  Dissolution  of  1830. 

The  dissolution  of  the  Chamber  of  Deputies  in  March,  1830, 
and  the  election  that  followed  were  the  prelude  to  the  July  Revolu- 
tion. These  documents  bring  out  clearly  the  reason  why  Charles 
X dissolved  the  Chamber  and  the  issue  presented  at  the  election, 
which  was  a complete  triumph  for  the  opposition  to  the  King. 

References.  Fyffe,  Modern  Europe,  II,  364-368  (Popular  ed., 
608-611);  Seignobos,  Europe  Since  181//,  128;  Andrews,  Modern 
Europe,  I,  170-173  ; Lavisse  and  Rambaud,  Histoire  Generate,  X, 
278-282. 

A.  The  King’s.  Speech.  March  2,  1830.  Moniteur, 
March  3,  1830. 

Gentlemen : 

It  is  always  with  confidence  that  I gather  around  my 
throne  the  peers  of  the  kingdom  and  the  deputies  of  the  de- 
partments. 


'Gentlemen,  the  first  longing  is  to  see  France,  happy  and 
respected,  develop  all  the  wealth  of  its  soil  and  its  industry  and 
enjoy  in  peace  the  institutions  whose  advantages  I have  firmly 
determined  to  consolidate.  The  Charter  has  placed  the  public 
liberties  under  the  safeguard  of  the  rights  of  my  crown : these 
rights  are  sacred ; my  duty  towards  my  people  is  to  transmit 
them  intact  to  my  successors. 

Peers  of  France  and  deputies  of  the  departments,  I do  not 


492 


DISSOLUTION  OF  THE  CHAMBER 


doubt  of  your  co-operation  in  order  to  secure  the  gain  which 
I wish  to  effect;  you  will  repulse  the  perfidious  insinuations 
which  malevolence  seeks  to  propagate.  If  culpable  maneuvers 
raise  up  against  my  Government  obstacles  which  I do  not  wish 
to  anticipate,  I will  find  the  power  to  surmount  them  in  my 
resolution  to  maintain  the  public  peace,  in  the  just  confidence 
of  Frenchmen  and  the  love  which  they  have  always  borne  for 
their  Kings. 

B.  Reply  of  the  Chamber  of  Deputies.  March  18,  1830. 
Moniteur,  March  19,  1830. 

Sire, 

It  is  with  an  enduring  gratification  that  your  faithful  sub- 
jects, the  deputies  of  the  departments,  assembled  around  your 
throne,  have  heard  from  your  august  lips  the  flattering  testi- 
mony of  the  confidence  which  you  have  accorded  them.  . . . 

Summoned  by  your  voice  from  all  points  of  your  king- 
dom, we  bring  you  from  all  parts,  Sire,  the  homage  of  a 
faithful  people,  once  more  aroused  at  having  seen  you  the  most 
beneficent  o<f  all  in  the  midst  of  universal  beneficence,  and  who 
revere  in  you  the  accomplished  model  of  all  the  most  touch- 
ing virtues.  Sire,  this  people  cherish  and  respect  your  author- 
ity ; fifteen  years  of  peace  and  of  liberty,  which  they  owe  to 
your  august  brother  and  to  you,  have  profoundly  enrooted 
in  their  hearts  the  gratitude  which  attaches  them  to  your  royal 
family;  their  reason,  matured  by  experience  and  by  liberty  of 
discussion,  says  to  them  that  it  is  especially  in  matters  of 
authority  that  antiquity  of  possession  is  the  most  sacred  of 
all  titles,  and  that  it  is  for  their  welfare  as  well  as  for  your 
glory  that  the  ages  have  placed  your  throne  in  a region  inac- 
cessible to  storms.  Their  convictions,  then,  are  in  accord  with 
their  duty  in  placing  before  themselves  the  most  sacred  rights 
of  your  Crown  as  the  surest  guarantee  of  their  liberties  and 
the  integrity  of  your  prerogatives  as  necessary  for  the  pres- 
ervation of  these  rights. 

Neverthless,  Sire,  in  the  midst  of  the  unanimous  sentiments 
of  respect  and  affection  with  which  your  people  surround  you, 
there  is  manifested  in  their  minds  a lively  disquietude  which 
disturbs  the  security  that  France  had  commenced  to  enjoy, 
affects  the  sources  of  its  prosperity,  and,  if  it  should  be  pro- 


DISSOLUTION  OP  THE  CHAMBER 


493 


longed,  might  become  disastrous  to  its  repose.  Our  conscience, 
our  honor,  the  fidelity  to  you  which  we  have  sworn  and  which 
we  shall  always  preserve,  impose  upon  us  the  duty  of  disclos- 
ing to  you  the  cause  of  this. 

Sire,  the  Charter,  which  we  owe  to  the  wisdom  of  your 
august  predecessor,  and  the  advantages  of  which  Your  Majesty 
is  firmly  determined  to  consolidate,  consecrate,  as  a right,  the 
participation  of  the  country  in  the  deliberation  upon  public 
interests.  That  participation  ought  to  be,  it  is  in  effect,  in- 
direct, wisely  measured  and  circumscribed  within  limits 
exactly  traced,  and  which  we  shall  never  suffer  that  anyone 
should  attempt  to  break ; but  it  is  positive  in  its  results  ; 
for  it  is  made  by  the  permanent  co-operation  of  the 
political  views  of  your  Government  with  the  wishes  of  your 
people,  the  indispensable  condition  of  the  regular  progress 
of  public  affairs.  Sire,  our  loyalty  and  our  devotion  to  you 
condemn  us  to  tell  you  that  this  co-operation  does  not  exist. 

An  unjust  contempt  for  the  sentiments  and  the  reason  of 
France  is  to-day  the  fundamental  thought  of  the  Administra- 
tion. Your  people  are  afflicted  thereat,  because  it  is  injurious 
to  them;  they  are  disturbed  thereat,  because  it  is  menacing  to 
their  liberties ! 

This  contempt  could  not  proceed  from  your  noble  heart. 
No,  Sire,  France  no  more  wishes  for  anarchy  than  you  wish 
for  despotism;  it  is  fitting  that  you  should  have  faith  in  its 
loyalty,  as  it  has  faith  in  your  promises. 

Between  those  who  misunderstand  a nation  so  calm  and  so 
faithful  and  us  who  with  a profound  conviction  come  to  set 
forth  in  your  presence  the  grievances  of  a people  envious  above 
everything  else  for  the  esteem  and  confidence  of  their  King,  let 
the  lofty  wisdom  of  your  Majesty  pronounce!  His  [your] 
royal  prerogatives  have  placed  in  his  [your]  hands  the  means 
of  assuring  among  the  powers  of  the  State  that  constitutional 
harmony  the  first  and  necessary  condition  of  the  power  of  the 
Throne  and  of  the  grandeur  of  France. 

C.  Response  of  the  King.  March  18,  1830.  Moniieur, 
March  19,  1830. 

Sir,  I have  heard  the  address  which  you  present  me  in 
the  name  of  the  Chamber  of  Deputies. 


494 


DISSOLUTION  OF  THE  CHAMBER 


I have  a right  to  count  upon  the  co-operation  of  the  two 
chambers  in  order  to  accomplish  all  of  the  good  which  I was 
meditating;  my  heart  is  afflicted  at  seeing  the  deputies  of  the 
departments  declare  that  on  their  part  that  co-operation  does 
not  exist. 

Gentlemen,  I have  announced  my  determinations  in  my 
discourse  at  the  opening  of  the  session.  Those  determin- 
ations are  immovable ; the  interest  of  my  people  forbids  me  to 
depart  therefrom. 

My  ministers  will  make  known  to  you  my  intentions. 

D.  Proclamation  of  the  King.  June  13,  1830.  Duvergier, 
Lois,  XXX,  56. 

Charles,  by  the  grace  of  God,  King  of  France  and  of  Na- 
varre, to  all  those  to  whom  these  presents  shall  come,  greet- 
ing. 

Frenchmen, 

The  late  Chamber  of  Deputies  misconceived  my  intentions. 
I had  the  right  to  count  upon  its  co-operation  in  order  to  ac- 
complish the  good  which  I was  meditating : it  refused  it  to 
me!  As  father  of  my  people,  my  heart  is  afflicted  thereat; 
as  King,  I have  been  offended  at  it : I have  pronounced  the 
dissolution  of  that  chamber. 

Frenchmen,  your  prosperity  constitutes  my  glory;  your 
welfare  is  mine.  At  the  moment  in  which  the  electoral  col- 
leges are  about  to  open  at  all  points  of  my  kingdom,  you 
will  hear  the  voice  of  your  King. 

To  maintain  the  Constitutional  Charter  and  the  institutions 
which  it  has  founded  has  been  and  ever  shall  be  the  aim  of 
my  efforts. 

But,  in  order  to  attain  that  aim,  I ought  to  exercise 
that  judgment  freely  and  to  make  respected  the  sacred  rights 
which  are  the  appanage  of  my  crown. 

It  is  in  them  that  the  guarantee  of  the  public  repose  and 
of  your  liberties  lies.  The  nature  of  the  Government  would 
be  altered,  if  culpable  attacks  should  enfeeble  my  preroga- 
tives, and  I would  betray  my  oaths  if  I should  suffer  it. 

Under  the  shelter  of  this  Government,  France  has  become 
flourishing  and  free.  She  owes  to  it  her  liberties,  her  credit 
and  her  industry.  France  has  nothing  to  envy  in  other  States, 


JULY  REVOLUTION 


495 


and  can  aspire  only  to  the  preservation  of.  the  advantages 
which  she  enjoys. 

Reassure  yourselves  then  about  your  rights.  I blend  them 
with  mine,  and  I will  protect  them  with  an  equal  solicitude. 

Do  not  allow  yourselves  to  be  led  astray  through  the  lan- 
guage of  the  insidious  enemies  of  your  repose.  Repel  un- 
worthy suspicions  and  false  fears,  which  would  disturb  public 
confidence  and  might  excite  grave  disorders. 

The  designs  of  those  who  propagate  these  fears  will  fail, 
whoever  they  may  be,  before  my  immovable  resolution.  Your 
security  and  your  interests  shall  no  more  be  compromised 
than  your  liberties ; I watch  over  the  one  as  over  the  others. 

Electors,  make  haste  to  gather  in  your  colleges.  Do  not 
let  a reprehensible  negligence  deprive  them  of  your  presence ! 
Let  a single  sentiment  animate  you,  let  a single  flag  rally  you ! 

It  is  your  King  who  asks  it  of  you ; it  is  a father  who  calls 
you. 

Fulfil  your  duties ; I shall  know  how  to  fulfil  mine. 

Given  at  our  chateau  of  the  Tuileries,  the  13th  day  of  the 
month  of  June  of  the  year  of  grace  1830,  and  of  our  reign  the 
sixth. 

Signed,  Charles. 


104.  Documents  upon  the  July  Revolution. 

The  July  Revolution  passed  through  three  quite  distinct  phases. 
In  the  tirst  phase  it  was  simply  a protest  against  the  July  Ordi- 
nances and  the  popular  cries  were  “Vive  la  Chart  a,”  ‘‘Down  with 
the  ministers.”  In  the  second  phase  it  became  a movement  for  the 
overthrow  of  the  Bourbon  Monarchy  and  the  popular  cry  was 
‘‘Down  with  the  Bourbons.”  In  the  third  phase  it  became  a move- 
ment to  make  Louis  Philippe  king  and  the  popular  cry  was  “Vive 
Louis  Philippe.’’  Documents  A,  B and  C throw  light  upon  the 
first  phase,  the  remainder  upon  the  third  phase.  From  the  docu- 
ments much  can  be  learned  about  the  causes  for  the  unpopularity 
of  the  Bourbon  regime,  why  the  candidacy  of  Louis  Philippe  was 
favorably  received  and  the  real  character  of  the  change  effected 
by  the  revolution. 

References.  Fyffe,  Modern  Europe,  II,  368-379  (Popular  ed., 
611-618)  ; Seignobos,  Europe  Since  18U,  129-132 ; Andrews,  Mod- 
ern Europe,  I,  173-179  ; Lavisse  and  Rambaud,  Histoire  Generate, 
X,  282-292. 

A.  The  July  Ordinances.  July  23,  1830.  Duvergier,  Lois, 
XXX,  74-78.' 


496 


JULY  REVOLUTION 


I.  Ordinance  for  Suspending  Liberty  of  the  Press. 

Charles,  etc. 

Upon  the  report  of  our  council  of  ministers, 

We  have  ordained  and  do  ordain  as  follows : 

1st.  The  liberty  of  the  periodical  press  is  suspended. 

2d.  The  provisions  of  articles  I,  2,  and  9 of  the  1st  title 
of  the  law  of  October  21,  1814,  are  again  put  in  force. 

In  consequence,  no  newspaper  or  periodical  or  semi-peri- 
odical work,  established  or  to  be  established,  without  discrim- 
ination as  to  the  matters  which  shall  be  treated  therein,  shall 
appear,  either  in  Paris  or  in  the  departments,  except  in  virtue 
of  an  authorisation,  which  the  authors  and  the  printer  thereof 
shall  have  separately  obtained  from  us. 

This  authorisation  must  be  renewed  every  three  months. 

It  can  be  revoked. 

3d.  The  authorisation  can  be  provisionally  granted  and 
provisionally  withdrawn  by  the  prefects  for  newspapers  and 
periodicals  or  semi-periodical  works  published  or  to  be  pub- 
lished in  their  departments. 

4th.  Newspapers  and  works  published  in  contravention  of 
article  2,  shall  be  immediately  seized. 

The  presses  and  the  type  which  shall  have  been  used  for 
their  printing  shall  be  placed  in  a public  repository  under 
seals  or  be  put  out  of  service. 

5th.  No  work  of  less  than  twenty  printed  sheets  can  ap- 
pear without  the  authorisation  of  our  Minister-Secretary  of 
State  of  the  Interior  at  Paris,  and  of  the  prefects  in  the 
departments. 

Any  work  of  more  than  twenty  printed  pages  which  does 
not  constitute  a connected  work,  shall  likewise  be  subject  to 
the  necessity  of  authorisation. 

Works  published  without  authorisation  shall  -be  immediate- 
ly seized. 

The  presses  and  type  which  shall  have  been  used  for 
their  printing  shall  be  placed  in  a public  repository  under 
seal  or  put  out  of  service. 

6th.  Proceedings  upon  law  suits  and  the  transactions  of 
scientific  or  literary  societies  are  subject  to  prior  authorisa- 
tion, if  they  treat  in  whole  or  in  part  of  political  matters,  in 


JULY  REVOLUTION 


497 


'which  case  the  measures  prescribed  in  article  5 shall  be 
applicable  to  them. 

7th.  Any  provision  contrary  to  the  present  [provisions] 
shall  remain  without  force. 

8th.  The  execution  of  the  present  ordinance  shall  take 
place  in  conformity  with  article  4 of  the  ordinance  of  No- 
vember 27,  1816,  and  of  what  is  prescribed  by  that  of  January 
18,  1817. 

9th.  Our  Ministers-Secretaries  of  State  are  changed,  etc. 

II.  Ordinance  for  Dissolving  the  Chamber  of  Deputies. 

Charles,  etc. 

In  view  of  article  50  of  the  Constitutional  Charter; 

Being  informed  of  the  maneuvers  which  have  been  prac- 
tised at  many  points  in  our  kingdom  in  order  to  deceive  and 
mislead  the  electors  during  the  late  operations  of  the  electoral 
colleges  ; 

Our  Council  having  been  heard ; 

We  have  ordained  and  do  ordain  as  follows : 

1st.  The  Chamber  of  Deputies  of  the  departments  is  dis- 
solved. 

2d.  Our  Minister-Secretary  of  State  of  the  Interior 
(Count  de  Peyronnet)  is  charged,  etc. 

III.  Ordinance  upon  the  Elections. 

Charles,  etc. 

Having  resolved  to  prevent  the  recurrence  of  the  maneuvers 
which  have  exercised  a pernicious  influence  during  the  late 
proceedings  of  the  electoral  bodies ; 

Wishing,  therefore,  to  reform,  in  accordance  with  the 
principles  of  the  Constitutional  Charter,  the  rules  of  election 
of  which  experience  has  made  the  inconveniences  felt; 

We  have  recognized  the  necessity  of  making  use  of  the 
right  which  belongs  to  us,  to  provide,  by  acts  emanating  from 
us,  for  the  safety  of  the  State  and  for  the  repression  of  any 
enterprise  attacking  the  dignity  of  our  crown ; 

For  these  reasons, 

Our  Council  having  been  heard, 

We  ordain  and  do  ordain  as  follows : 

1st.  In  conformity  with  articles  15,  36  and  50  of  the  Con- 
stitutional Charter,  the  Chamber  . of  Deputies  shall  be  com- 
posed only  of  deputies  of  the  departments. 


498 


JULY  REVOLUTION 


2d.  The  electoral  property  qualification  and  the  property 
qualification  for  eligibility  shall  be  composed  exclusively 
of  the  sums  for  which  the  elector  or  eligible  person  shall  be 
personally  enrolled,  in  the  capacity  of  proprietor  or  usufruc- 
tuary upon  the  roll  of  the  land  tax  and  of  the  personal  prop- 
erty tax. 

3d.  Each  department  shall  have  the  number  of  deputies 
which  is  assigned  to  it  by  article  36  of  the  Constitutional 
Charter. 

4th.  The  deputies  shall  be  elected  and  the  chamber  shall 
be  renewed  in  the  form  and  for  the  time  determined  by  article 
37  of  the  Constitutional  Charter. 

5th.  The  electoral  colleges  shall  be  divided  into  district  col- 
leges and  department  colleges. 

Nevertheless  the  electoral  colleges  of  the  departments  to 
which  only  one  deputy  is  assigned  are  excepted. 

6th.  The  district  electoral  colleges  shall  be  composed  of  all 
the  electors  whose  political  residence  shall  be  established  in 
the  district. 

The  department  electoral  colleges  shall  be  composed  of  the 
fourth  of  the  electors  of  the  department  who  are  most  heavily 
taxed. 

7th.  The  existing  circumscription  of  the  district  electoral 
colleges  is  maintained. 

8th.  Each  district  electoral  college  shall  elect  a number 
of  candidates  equal  to  the  number  of  the  deputies  of  the  de- 
partment. 

9th.  The  district  college  shall  be  divided  into  as  many  sec- 
tions as  there  are  candidates  to  be  selected. 

This  division  shall  be  made  in  proportion  to  the  number 
of  sections  and  to  the  total  number  of  electors  of  the  college, 
having  regard  therein,  as  far  as  shall  be  possible,  to  the  con- 
venience of  the  localities  and  of  the  neighborhoods. 

10th.  The  sections  of  the  district  electoral  college  can  be 
assembled  in  different  places. 

nth.  Each  section  of  the  district  electoral  college  shall 
elect  one  candidate  and  shall  proceed  separately. 

12th.  The  presidents  of  the  sections  of  the  district  electoral 
colleges  shall  be  appointed  by  the  prefects  from  among  the 
electors  of  the  district. 


JULY  REVOLUTION 


499 


13th.  The  department  electoral  college  shall  elect  the  dep- 
uties. 

Half  the  deputies  of  the  department  must  be  chosen  from 
the  general  list  of  the  candidates  proposed  by  the  district 
electoral  colleges. 

Nevertheless,  if  the  number  of  deputies  of  the  department 
is  odd,  the  division  shall  be  made  without  abatement  of  the 
right  reserved  to  the  college  of  the  department. 

14th.  In  the  case  where,  by  reason  of  omissions,  invalid 
nominations,  or  double  nominations,  the  list  of  candidates  pro- 
posed by  the  electoral  bodies  of  the  district  may  be  incom- 
plete, if  this  list  is  reduced  to  less  than  half  the  required  num 
ber,  the  department  electoral  college  can  elect  one  more  deputy 
from  outside  of  the  list;  if  the  list  is  reduced  to  less  than  a 
quarter,  the  department  college  can  elect  from  outside  of  the 
list  the  total  number  of  the  deputies  of  the  department. 

15th.  The  prefects,  sub-prefects  and  general  officers  com 
manding  the  military  divisions  and  the  departments  cannot 
be  elected  in  the  departments  in  which  they  exercise  their  func- 
tions. 

16th.  The  list  of  the  electors  shall  be  drawn  up  by  the 
prefect  in  the  council  of  prefecture.  It  shall  be  posted  five 
days  before  the  meeting  of  the  colleges. 

17th.  Complaints  with  regard  to  the  right  of  voting  to 
which  justice  has  not  been  done  by  the  prefects  shall  be  judged 
by  the  Chamber  of  Deputies,  at  the  same  time  that  it  decides 
on  the  validity  of  the  proceedings  of  the  college. 

18th.  In  the  department  electoral  colleges  the  two  most 
aged  electors  and  the  two  most  heavily  taxed  shall  discharge 
the  duties  of  tellers. 

The  same  arrangement  shall  be  observed  in  the  sections 
of  the  district  colleges  composed  of  more  than  fifty  electors. 

In  the  other  college  sections  the  duties  of  teller  shall  be 
discharged  by  the  most  aged  and  by  the  most  heavily  taxed 
of  the  electors. 

The  secretary  in  the  colleges  and  college  sections  shall  be 
appointed  by  the  president  and  the  tellers. 

19th.  Nobody  shall  be  admitted  into  the  college  or  college 
section,  unless  he  is  registered  upon  the  list  of  the  electors 
"who  have  a right  to  participate  therein.  This  list  shall  be  sent 


5oo 


JULY  REVOLUTION 


to  the  president  and  shall  remain  posted  in  the  place  of  the 
meetings  of  the  college  during  the  continuance  of  its  pro- 
ceedings. 

20th.  All  discussion  and  all  deliberation  whatsoever  in  the 
midst  of  the  electoral  colleges  shall  be  forbidden. 

21st.  The  policing  of  the  college  belongs  to  the  president. 
Without  his  request  no  armed  force  can  be  stationed  near  the 
place  where  the  sittings  are  held.  Military  commanders  shall 
be  required  to  comply  with  his  requests. 

22d.  The  nominations  shall  be  made  in  the  colleges  and 
college  sections  by  a majority  of  the  votes  cast. 

Nevertheless,  if  the  selections  are  not  decided  after  two 
ballots,  the  bureau  shall  draw  up  a list  of  the  persons 
who  shall  have  obtained  the  most  votes  at  the  second  ballot. 
It  shall  contain  a number  of  names  double  that  of  the  selec- 
tions which  shall  still  remain  to  be  made.  At  the  third 
ballot  votes  can  be  given  only  for  the  persons  enrolled  upon 
this  list,  and  the  selection  shall  be  made  by  plurality. 

23d.  The  electors  shall  vote  by  ballot.  Each  ballot  shall 
contain  as  many  names  as  there  are  selections  to  be  made. 

24th.  The  electors  shall  write  their  vote  at  the  desk  or 
shall  have  it  written  there  by  one  of  the  tellers. 

25th.  The  name,  title  and  domicile  of  each  voter  who  shall 
deposit  his  ballot  shall  be  entered  by  the  secretary  upon  a 
list  intended  to  authenticate  the  number  of  voters. 

26th.  Each  ballot  shall  remain  open  for  six  hours  and  shall 
be  canvassed  forthwith. 

27th.  A record  shall  be  drawn  up  for  each  sitting : this 
record  shall  be  signed  by  all  the  members  of  the  bureau. 

28th.  In  conformity  with  article  46  of  the  Constitutional 
Charter,  no  amendment  to  any  law  can  be  made  in  the  Cham- 
ber, unless  it  has  been  proposed  or  consented  to  by  us,  and 
unless  it  has  been  sent  back  to  and  discussed  in  the  bureaux. 

29th.  Any  provisions  contrary  to  the  present  ordinance 
shall  remain  without  force. 

30th.  Our  Ministers-Secretaries  of  State  are  charged,  etc. 

IV.  Ordinance  for  Convoking  the  Electoral  Colleges. 

Charles,  etc. 

In  view  of  the  royal  ordinance,  dated  this  day,  relative  to 
the  organization  of  the  electoral  colleges ; 


JULY  REVOLUTION 


501 


Upon  the  report  of  our  Minister-Secretary  of  State  of  the 
department  of  the  Interior; 

We  have  ordained  and  do  ordain  as  follows : 

ist.  The  electoral  colleges  shall  meet  as  follows : the  dis- 
trict electoral  colleges  September  6th  next  and  the  depart- 
ment electoral  colleges  the  13th  of  the  same  month. 

2d.  The  Chamber  of  Peers  and  the  Chamber  of  Deputies 
of  the  departments  are  convoked  for  the  '28th  of  the  month 
of  September  next. 

3d.  Our  Minister-Secretary  of  State  of  the  Interior  (Count 
cle  Peyronnet)  is  charged,  etc. 

B.  Protest  of  the  Paris  Journalists.  July  26,  1830.  La- 
visse  and  Rambaud,  Histoire  Generale,  X,  283. 

The  legal  regime  is  interrupted,  that  of  force  is  begun. 
The  Government  has  violated  legality,  we  are  absolved  from 
obedience.  We  shall  attempt  to  publish  our  papers  without 
asking  for  the  authorisation  which  is  imposed  upon  us.  The 
Government  has  to-day  lost  the  character  which  commands 
obedience.  We  are  resisting  it  in  that  which  concerns  us ; it 
is  for  France  to  decide  how  far  its  own  resistance  must  ex- 
tend. 

C.  Protest  of  the  Paris  Deputies.  July  27,  1830.  Du- 
vergier,  Lois,  XXX,  81. 

The  undersigned,  regularly  elected  [to  the  Chamber  of 
Deputies]  and  at  present  in  Paris,  consider  themselves  ab- 
solutely obliged  by  their  duty  and  their  honor  to  protest 
against  the  measures  which  the  councillors  of  the  crown 
have  recently  made  to  prevail  for  the  overthrow  of  the  legal 
system  of  elections  and  the  ruin  of  the  liberty  of  the  press. 

The  said  measures,  contained  in  the  ordinances  of  July  25, 
are,  in  the  eyes  of  the  undersigned,  directly  contrary  to  the 
constitutional  rights  of  the  Chamber  of  Peers,  to  the  public 
law  of  the  French,  to  the  prerogatives  and  decrees  of  the 
tribunals  and  calculated  to  throw  the  whole  State  into  a con- 
fusion which  would  compromise  both  present  peace  and  fu- 
ture security. 

In  consequence,  the  undersigned,  inviolably  faithful  to  their 
oath,  protest  with  one  accord,  not  only  against  the  said  meas- 


502 


JULY  REVOLUTION 


uras,  but  also  against  all  the  acts  which  may  be  the  conse- 
quence of  them. 

And  seeing,  on  the  one  hand,  that  the  Chamber  of  Dep- 
uties, not  having  been  constituted,  cannot  be  legally  dissolved ; 
and  on  the  other  hand  that  the  attempt  to  form  another  Cham- 
ber of  Deputies  by  a new  and  arbitrary  method  is  in  formal 
contradiction  to  the  Constitutional  Charter  and  the  acquired 
rights  of  the  electors,  the  undersigned  declare  that  they 
still  consider  themselves  as  legally  elected  to  the  deputation 
by  the  district  and  department  colleges  whose  suffrages  they 
have  obtained,  and  that  they  cannot  be  replaced  except  in 
virtue  of  elections  conducted  according  to  the  principles  and 
forms  determined  by  the  laws. 

And  if  the  undersigned  do  not  effectively  exercise  the 
rights  and  do  not  discharge  all  the  duties  which  spring  from 
their  legal  election,  it  is  because  they  have  been  prevented  from 
so  doing  by  physical  violence. 

[Signatures.] 

D.  Thiers’  Orleanist  Manifesto.  July  30,  1830.  Lavisse 
and  Rambaud,  Histoirc  Generate,  X,  287-288. 

Charles  X can  no  longer  return  to  Paris':  he  has  caused 
the  blood  of  the  people  to  flow.  The  Republic  would  expose 
us  to  frightful  divisions : it  would  embroil  us  with  Europe. 
The  Duke  of  Orleans  is  a prince  devoted  to  the  cause  of  the 
Revolution.  The  Duke  of  Orleans  did  not  fight  against  us. 
The  Duke  of  Orleans  was  at  Jemmapes.  The  Duke  of  Orleans 
is  a citizen  king.  The  Duke  of  Orleans  has  borne  the  tricolors 
with  ardor.  The  Duke  of  Orleans  alone  can  again  bear 
them ; we  do  not  wish  for  any  others.  The  Duke  of  Orleans 
does  not  declare  himself.  He  awaits  our  will.  Let  us 
proclaim  that  will,  and  he  will  accept  the  Charter  as  we  have 
always  understood  and  wanted  it.  It  is  from  the  French  peo- 
ple that  he  will  hold  the  crOwn. 

E.  Proclamation  of  the  Deputies.  July  31,  1830.  Du- 
vergier,  Lois,  XXX,  84-85. 

Frenchmen, 

France  is  free.  The  absolute  power  was  raising  its  flag; 
the  heroic  population  of  Paris  overthrew  it.  Paris  attacked 


JULY  REVOLUTION 


503 


has  made  to  triumph,  in  arms  the  sacred  cause  which  in  the 
elections  had  just  triumphed  in  vain.  A power,  the  usurper 
of  our  rights  and  the  disturber  of  our  repose,  was  threat- 
ening at  the  same  time  order  and  liberty;  we  re-enter  into 
possession  of  order  and  liberty.  No  more  fear  for  acquired 
rights ; no  further  barrier  between  us  and  the  rights  which 
we  still  lack. 

A government  which,  without  delay,  will  guarantee  us 
these  blessings  is  to-day  the  first  need  of  the  fatherland.- 
Frenchmen,  those  of  your  deputies  who  happen  to  be  already 
at  Paris  have  assembled ; and,  while  awaiting  the  regular 
action  of  the  Chambers,  they  have  invited  a Frenchman  who 
has  never  fought  except  for  France,  Monsieur,  the  Duke  of 
Orleans,  to  exercise  the  functions  of  Lieutenant-General  of 
the  Kingdom.  This  is  in  their  eyes  the  surest  method  to  peace- 
fully complete  the  success  of  most  lawful  defence. 

The  Duke  of  Orleans  is  devoted  to  the  national  and  con- 
stitutional cause ; he  has  always  defended  its  interests  and 
professed  its  principles.  He  will  respect  our  rights,  for  he 
will  hold  his  from  us.  We  shall  assure  ourselves  by  laws 
all  the  necessary  guarantees  in  order  to  render  liberty  strong 
and  durable : 

The  re-establishment  of  the  National  Guard,  with  the  par- 
ticipation of  the  National  Guards  in  the  choice  of  the  officers; 

The  participation  of  the  citizens  in  the  formation  of  the 
department  and  municipal  administrations ; 

Th®  jury  for  press  offences; 

Legally  organized  responsibility  of  ministers  and  the  sub- 
ordinate agents  of  the  administration  ; 

The  status  of  military  men  legally  assured ; 

The  re-election  of  the  deputies  promoted  to  public  offices. 

Finally,  we  shall  in  concert  with  the  Head  of  the  State  give 
to  our  institutions  the  development  which  they  need. 

Frenchmen,  the  Duke  of  Orleans  himself  has  already 
spoken,  and  his  language  is  that  which  befits  a free  country, 
“The  Chambers  are  about  to  meet,”  he  tells  you,  “they  will 
deliberate  upon  the  means  to  assure  the  reign  of  the  laws 
and  the  maintenance  of  the  rights  of  the  nation.” 

“The  Charter  shall  henceforth  be  a reality.” 

Were  present  Messrs : 


504 


JULY  REVOLUTION 


[Here  follow  the  names  of  eighty-nine  deputies.] 

F.  Proclamation  by  Louis-Philippe.  August  I,  1830. 
Moniteur,  August  2,  1830. 

Inhabitants  of  Paris, 

The  Deputies  of  France,  at  this  moment  assembled  in  Paris, 
have  expressed  to  me  a desire  that  I should  proceed  into 
this  capital  in  order  to  exercise  here  the  functions  of  Lieu- 
tenant-General of  the  Kingdom. 

I have  not  hesitated  to  come  to  share  your  dangers,  to 
place  myself  in  the  midst  of  your  heroic  population,  and  to 
use  all  my  endeavors  to  preserve  you  from  the  calamities  of 
civil  war  and  of  anarchy. 

In  re-entering  the  city  of  Paris,  I bear  with  pride  the 
glorious  colors  which  you  have  resumed  and  which  I have 
myself  for  a long  time  borne. 

The  Chambers  are  about  to  convene  and  will  deliberate 
upon  the  means  to  assure  the  reign  of  the  laws  and  the 
maintenance  of  the  rights  of  the  nation. 

The  Charter  shall  henceforth  be  a reality. 

Louis-Philippe  d’Orleans. 

G.  Abdication  of  Charles  X.  August  2,  1830.  Duvergier, 
Lois,  XXX,  87-88. 

My  cousin,  I am  too  profoundly  pained  at  the  evils  which 
afflict  or  which  may  threaten  my  people  not  to  have  sought 
a method  of  preventing  them.  I have,  therefore,  taken  the 
resolution  to  abdicate  the  crown  in  favor  of  my  grandson,  the 
Duke  of  Bordeaux. 

The  Dauphin,  who  shares  my  feelings,  also  renounces  his 
rights  in  favor  of  his  nephew. 

You  will  have,  therefore,  in  your  capacity  of  Lieutenant- 
General  of  the  kingdom,  to  cause  to  be  proclaimed  the  ac- 
cession of  Henry  V to  the  crown.  You  will  in  addition 
take  all  the  measures  which  concern  you  in  order  to  regulate 
the  forms  of  the  Government  during  the  minority  of  the 
new  King.  Here  I confine  myself  to  making  known  these 
arrangements ; it  is  indeed  a method  to  still  escape  evils. 

You  will  communicate  my  intentions  to  the  diplomatic 
corps,  and  you  will  make  known  to  me  as  soon  as  possible  the 


JULY  REVOLUTION 


505 


proclamation  by  which  my  grandson  will  be  recognized  under 
the  name  of  Henry  V. 

I charge  Lieutenant-General  Viscount  de  Foissac-Latour 
to  bring  this  letter  to  you.  He  has  orders  to  come  to  an 
understanding  with  you  about  the  arrangements  to  be  taken 
in  favor  of  the  persons  who  have  accompanied  me,  as  well 
as  about  suitable  arrangements  for  what  concerns  me  and  the 
remainder  of  my  family. 

We  shall  regulate  afterwards  the  other  measures  which  are 
the  consequence  of  the  change  of  reign. 

I renew  to  you,  my  cousin,  the  assurance  of  the  sentiments 
with  which  I am  your  affectionate  cousin, 

Signed,  Charles,  Louis-Antoine. 

H.  Declaration  of  the  Chamber  of  Deputies.  August  7, 
1830.  Duvergier,  Lois,  XXX,  93-101. 

The  Chamber  of  Deputies,  taking  into  consideration  the 
imperative  necessity  which  results  from  the  events  of  July 
26,  27,  28,  29  and  the  days  following  and  the  general  .situation 
in  which  France  is  placed  in  consequence  of  the  violation  of 
the  Constitutional  Charter; 

Considering  besides  that,  in  consequence  of  that  violation 
and  of  the  heroic  resistance  of  the  citizens  of  Paris,  His 
Majesty  Charles  X,  His  Royal  Highness  Louis-Antoine, 
Dauphin,  and  all  the  members  of  the  elder  branch  of  the 
royal  house  have  at  this  moment  left  French  territory; 

Declares  that  the  throne  is  vacant  in  fact  and  in  right, 
and  that  it  is  indispensable  to  provide  therefor. 

The  Chamber  of  Deputies  declares  secondly  that, 

In  accordance  with  the  wish  and  in  the  interest  of  the 
French  people,  the  preamble  of  the  Constitutional  Charter  is 
suppressed,  as  wounding  the  national  dignity,  in  appearing 
to  grant  to  Frenchmen  the  rights  which  essentially  belong 
to  them,  and  that  the  following  articles  of  the  same  Charter 
must  be  suppressed  or  modified  in  the  manner  which  is 
about  to  be  indicated. 


[These  changes  may  be  ascertained  by  comparison  of  Nos. 
97  and  109.] 


506 


JULY  REVOLUTION 


Special  Provisions. 

All  the  nominations  and  new  creations  of  peers  made 
during  the  reign  of  Charles  X are  declared  null  and  void. 

Article  27  of  the  Charter  shall  be  subjected  to  a new  ex- 
amination in  the  session  of  1831. 

The  Chamber  of  Deputies  declares  thirdly, 

That  it  is  necessary  to  provide  successively,  by  separate 
laws  and  within  the  shortest  possible  space,  for  the  objects 
which  follow : 

1st.  The  use  of  the  jury  for  offences  of  the  press 
and  for  political  offences; 

2d.  The  responsibility  of  ministers  and  other  agents  of 
authority ; 

3d.  The  re-election  of  deputies  promoted  to  salaried  public 
offices ; 

4th.  The  annual  vote  of  the  army  contingent ; 

5th.  The  organization  of  the  National  Guard,  with  the 
participation  oi  the  National  Guards  in  the  choice  of  their 
officers ; 

6th.  Provisions  which  assure  in  a legal  manner  the  status 
of  army  and  navy  officers  of  every  grade ; 

7th.  Departmental  and  municipal  institutions  founded  upon 
an  elective  system ; 

8th.  Public  instruction  and  liberty  of  education ; ; 

- pth.  The  abolition  of  the  double  vote  and  the  fixing  of 
the  electoral  and  eligibility  conditions ; 

10th.  To  declare  that  all  the  laws  and  ordinances,  in 
whatever  they  contain  contrary  to  the  provisions  adopted  for 
the  reform  of  the  Charter,  are  and  shall  remain  annulled 
and  abrogated. 

On  condition  of  the  acceptance  of  these  provisions  and 
propositions,  the  Chamber  of  Deputies  declares  finally  that 
the  universal  and  pressing  interest  of  the  French  people 
calls  to  the  throne  His  Royal  Highness  Louis-Philippe 
d’Orleans,  Duke  of  Orleans,  Lieutenant-General  of  the  King- 
dom, and  his  descendants  in  perpetuity,  from  male  to  male, 
by  order  of  primogeniture  to  the  perpetual  exclusion  of  women 
and  their  descendants. 

In  consequence,  His  Royal  Highness  Louis-Philippe  d’Or- 


CONSTITUTION  OF  1830 


517 


leans  shall  be  invited  to  accept  and  to  swear  to  the  clauses 
and  engagements  above  set  forth,  the  observation  of  the  Con- 
stitutional Charter  and  the  modifications  indicated,  and  after 
having  done  it  before  the  assembled  Chambers,  to  take  the 
title  of  King  of  the  French. 

Resolved  at  the  palace  of  the  Chamber  of  Deputies,  August 
7,  1830. 


105.  Constitution  of  1830. 


August  14,  1830.  Duvergier,  Lois,  XXX,  110-114. 

This  constitution  should  be  carefully  compared  with  the  Con- 
stitutional Charter  of  1814  (No.  93)  of  which  it  is  a revision.  The 
difference  in  the  theories  upon  which  the  two  documents  are 
based  calls  for  particular  notice. 

References.  Fyffe,  Modern  Europe,  II.  379-381  (Popular  ed., 
618-619)  ; Andrews,  Modern  Europe,  I,  277-279  ; Seignobos,  Europe 
Since  LSI!,,  132-134 ; Lavisse  and  Rambaud,  Histoire  Generale,  X, 
290-291. 


Louis-Philippe,  King  of  the  French,  to  all  present  and 
to  come,  greeting. 

We  have  ordered  and  do  order  that  the  Constitutional 
Charter  of  1814,  such  as  it  has  been  amended  by  the  two 
Chambers  on  August  7th  and  accepted  by  us  on  the  9th, 
shall  be  again  published  in  the  following  terms : 

PUBLIC  LAW  OF  THE  FRENCH. 

1.  Frenchmen  are  equal  before  the  law,  whatever  may 
be  their  titles  and  ranks. 

2.  They  contribute,  without  distinction,  in  proportion 
to  their  fortunes,  towards  the  expenses  of  the  State. 

3.  They  are  all  equally  admissible  to  civil  and  military 
employments. 

4.  Their  personal  property  is  likewise  guaranteed ; no  one 
can  be  prosecuted  or  arrested  save  in  the  cases  provided  by 
law  and  in  the  form  which  it  prescribes. 

5.  Everyone  may  profess  his  religion  with  equal  freedom 
and  shall  obtain  for  his  worship  the  same  protection. 

6.  The  ministers  of  the  Catholic,  Apostolic,  and  Roman 


508 


CONSTITUTION  OP  1830 


religion,  professed  by  the  majority  of  the  French,  and  those 
of  the  other  Christian  sects,  receive  stipends  from  the  State. 

7.  Frenchmen  have  the  right  to  publish  and  to  have 
printed  their  opinions,  while  conforming  with  the  laws. 

The  censorship  can  never  be  re-established. 

8.  All  property  is  inviolable,  without  any  exception  for 
that  which  is  called  national,  the  law  making  no  distinction 
between  them. 

9.  The  State  can  require  the  sacrifice  of  a property  on 
account  of  a legally  established  public  interest,  but  with  a 
previous  indemnity. 

10.  All  investigations  of  opinions  and  votes  given  prior 
to  the  restoration  are  forbidden : the  same  oblivion  is  required 
from  the  tribunals  and  from  citizens. 

11.  The  conscription  is  abolished.  The  method  of  re- 
cruiting for  the  army  and  navy  is  determined  by  the  law. 

Forms  of  the  Government  of  the  King. 

1 2.  The  person  of  the  King  is  inviolable  and  sacred.  His 
ministers  are  responsible.  To  the  King  alone  belongs  the 
executive  power. 

13.  The  King  is  the  supreme  head  of  the  State;  he  com- 
mands the  land  and  sea  forces,  declares  war,  makes  treaties 
of  peace,  alliance  and  commerce,  appoints  to  all  places  of 
public  administration,  and  makes  the  necessary  rules  and  or- 
dinances for  the  execution  of  the  laws,  without  the  power 
ever  to  suspend  the  laws  themselves  or  to  dispense  with  their 
execution. 

Moreover,  no  foreign  troops  can  be  admitted  into  the  ser- 
vice of  the  State  except  in  virtue  of  a law. 

14.  The  legislative  power  is  exercised  collectively  by  the 
King,  the  Chamber  of  Peers,  and  the  Chamber  of  Deputies. 

15.  The  proposal  of  laws  belongs  to  the  King,  the  Cham- 
ber of  Peers,  and  the  Chamber  of  Deputies. 

Nevertheless  every  taxation  law  must  be  first  voted  by 
the  Chamber  of  Deputies. 

16.  Every  law  shall  be  freely  discussed  and  voted  by  the 
majority  of  each  of  the  two  chambers. 

17.  If  a project  of  law  has  been  rejected  by  one  of  the 
three  powers,  it  cannot  be  presented  again  in  the  same  session. 


CONSTITUTION  OF  1830 


509 


18.  The  King  alone  sanctions  and  promulgates  the  laws. 

19.  The  civil  list  is  fixed  for  the  entire  duration  of  the 
reign  by  the  first  legislature  assembled  after  the  accession  of 
the  King. 

Of  the  Chamber  of  Peers. 

20.  The  Chamber  of  Peers  is  an  essential  part  of  the  leg- 
islative power. 

21.  It  is  convoked  by  the  King  at  the  same  time  as  the 
Chamber  of  Deputies.  The  .session  of  the  one  begins  and  ends 
at  the  same  time  as  that  of  the  other. 

22.  Every  meeting  of  the  Chamber  of  Peers  which  may 
be  held  outside  of  the  time  of  the  session  of  the  Chamber  of 
Deputies  is  unlawful  and  of  no  validity,  except  the  single 
case  in  which  it  is  assembled  as  a court  of  justice,  and  then  it 
can  exercise  only  judicial  functions. 

23.  The  appointment  of  peers  of  France  belongs  to  the 
King.  Their  number  is  unlimited : he  can  at  his  pleasure  alter 
their  dignities,  appoint  them  for  life,  or  make  them  hereditary. 

24.  Peers  have  entrance  to  the  Chamber  at  twenty-five 
years  of  age,  and  -a  deliberative  voice  only  at  thirty  years. 

25.  The  Chamber  of  Peers  is  presided  over  by  the  Chan- 
cellor of  France,  and,  in  his  absence,  by  a peer  appointed  by 
the  King. 

26.  The  princes  of  the  blood  are  peers  by  right  of  their 
birth : they  sit  directly  behind  the  president. 

27.  The  sittings  of  the  Chamber  of  Peers  are  public,  as 
are  those  of  the  Chamber  of  Deputies. 

28.  The  Chamber  of  Peers  has  jurisdiction  over  crimes  of 
high  treason  and  the  attacks  against  the  security  of  the  State, 
which  shall  be  defined  by  law. 

29.  No  peer  can  be  arrested  except  by  the  authority  of 
the  Chamber,  nor  be  tried  except  by  it  in  a criminal  matter. 

Of  the  Chamber  of  Deputies. 

30.  The  Chamber  of  Deputies  shall  be  composed  of  the 
deputies  elected  by  electoral  colleges  whose  organization  shall 
be  determined  by  law. 

31.  The  deputies  are  elected  for  five  years. 

32.  No  deputy  can  be  admitted  to  the  Chamber  unless  he 


5io 


CONSTITUTION  OP  1830 


is  thirty  years  of  age  and  meets  the  other  qualifications  de- 
termined by  the  law. 

33.  If,  however,  there  cannot  be  found  in  the  department 
fifty  persons  of  the  required  age  who  pay  the  amount  of  taxes 
determined  by  the  law,  their  number  shall  be  filled  up  from 
the  largest  tax-payers  below  this  amount  of  tax,  and  these 
shall  be  elected  together  with  the  first. 

34.  No  one  is  an  elector,  unless  he  is  at  least  twenty-five 
years  of  age  and  meets  the  other  conditions  determined  by  the 
law. 

35.  The  presidents  of  the  electoral  colleges  are  chosen  by 
the  electors. 

36.  At  least  one-half  of  the  deputies  shall  be  chosen  from 
among  the  eligibles  who  have  their  political  domicile  in  the 
department. 

37.  The  president  of  the  Chamber  of  Deputies  is  elected 
by  it  at  the  opening  of  each  session. 

38.  The  sittings  of  the  Chamber  are  public ; but  the  re- 
quest of  five  members  suffices  for  it  to  form  itself  into  secret 
committee. 

39.  The  Chamber  divides  itself  into  bureaux  in  order  to 
discuss  the  propositions  which  have  been  presented  to  it  by 
the  King. 

40.  No  tax  can  be  imposed  or  collected,  unless  it  has  been 
consented  to  by  the  two  Chambers  and  sanctioned  by  the 
King. 

41.  The  land-tax  is  consented  to  only  for  one  year.  In- 
direct taxes  can  be  established  for  several  years. 

42.  The  King  convokes  the  two  Chambers  each  year : 
he  prorogues  them  and  can  dissolve  that  of  the  deputies ; 
but  in  that  case  he  must  convoke  a new  one  within  the  space 
of  three  months. 

43.  No  bodily  constraint  can  be  exercised  against  a mem- 
ber of  the  Chamber  during  the  session  nor  in  the  preceding 
or  following  six  weeks. 

44.  No  member  of  the  Chamber,  during  the  course  of  the 
session,  can  be  prosecuted  or  arrested  upon  a criminal  charge, 
unless  he  should  be  taken  in  the  act,  except  after  the  Cham- 
ber has  permitted  his  prosecution. 


CONSTITUTION  OF  1830 


511 

45.  No  petition  can  be  made  or  presented  to  either  of  the 
Chambers  except  in  writing : the  law  forbids  the  bringing  of 
them  in  person  to  the  bar. 

Of  the  Ministers. 

46.  The  ministers  can  be  members  of  the  Chamber  of 
Peers  or  the  Chamber  of  Deputies. 

They  have,  besides,  their  entrance  into  either  Chamber  and 
must  be  heard  when  they  demand  it. 

47.  The  Chamber  of  Deputies  has  the  right  to  accuse  the 
ministers  and  to  arraign  them  before  the  Chamber  of  Peers, 
which  alone  has  that  of  trying  them. 

Of  the  Judiciary. 

48.  All  justice  emanates  from  the  King:  it  is  administered 
in  his  name  by  judges  whom  he  appoints  and  whom  he  invests. 

49.  The  judges  appointed  by  the  King  are  irremovable. 

50.  The  courts  and  regular  tribunals  actually  existing  are 
continued;  none  of  them  can  be  changed  except  by  virtue  of 
a law. 

51.  The  existing  commercial  court  is  retained. 

52.  The  justice  of  the  peace,  likewise,  is  retained.  Justices 
of  the  peace,  although  appointed  by  the  King,  are  not  irremov- 
able. 

53.  No  one  can  be  deprived  of  the  jurisdiction  of  his  nat- 
ural judges. 

54.  In  consequence,  extraordinary  commissions  and  trib- 
unals cannot  be  created,  under  any  title  or  under  any  denom- 
ination whatsoever. 

55.  Criminal  trials  shall  be  public'  unless  such  publicity 
would  be  dangerous  to  order  and  morality;  and,  in  that  case, 
the  tribunal  shall  declare  it  by  a judicial  order. 

56.  The  system  of  juries  is  retained.  Changes  which  a 
longer  experience  may  cause  to  be  thought  necessary  can  be 
made  only  by  a law. 

57.  The  penalty  of  confiscation  of  property  is  abolished 
and  cannot  be  re-established. 

58.  The  King  has  the  right  of  pardon  and  that  of  com- 
muting penalties. 

59.  The  Civil  Code  and  the  laws  actually  existing  which 
are  not  in  conflict  with  the  present  Charter  remain  in  force 
until  legally  abrogated. 


512 


CONSTITUTION  OF  1830 


Special  Rights  Guaranteed  by  the  State. 

60.  Persons  in  active  military  service,  retired  officers  and 
soldiers,  pensioned  widows,  officers  and  soldiers,  retain  their 
ranks,  honors  and  pensions. 

61.  The  public  debt  is  guaranteed.  Every  form  of  en- 
gagement made  by  the  State  with  its  creditors  is  inviolable. 

62.  The  old  nobility  resume  their  titles,  the  new  retain 
theirs.  The  King  makes  nobles  at  will ; but  he  grants  to-  them 
only  ranks  and  honors,  without  any  exemption  from  the  bur- 
dens and  duties  of  society. 

63.  The  Legion  of  Honor  is  maintained.  The  King  shall 
determine  its  internal  regulations  and  its  decoration. 

64.  The  colonies  are  regulated  by  special  laws. 

65.  The  King  and  his  successors  shall  swear,  at  their  ac- 
cession in  the  presence  of  the  assembled  Chambers,  to  ob- 
serve faithfully  the  Constitutional  Charter. 

66.  The  present  Charter  and  all  the  rights  that  it  conse- 
crates stand  entrusted  to  the  patriotism  and  the  courage  of 
the  National  Guards  and  of  all  French  citizens. 

67.  France  resumes  its  colors.  For  the  future,  no  other 
cockade  shall  be  worn  than  the  tricolor  cockade. 

Special  Provisions. 

68.  All  the  new  appointments  and  creations  of  peers  made 
during  the  reign  of  Charles  X are  declared  null  and  void. 

Article  23  of  the  Charter  shall  be  submitted  to  a new  ex- 
amination in  the  session  of  1831. 

69.  The  following  subjects  shall  be  provided  for  suc- 
cessively by  separate  laws  within  the  shortest  possible  space  of 
time : 

1st.  The  use  of  the  jury  for  political  and  press  offences; 

2d.  The  responsibility  of  the  ministers  and  the  other  agents 
of  the  [executive]  power ; 

3d.  The  re-election  of  deputies  appointed  to  public  func- 
tions with  salaries  ; 

4th.  The  annual  vote  of  the  quota  of  the  army; 

5th.  The  organization  of  the  National  Guards,  with  the 
participation  of  the  National  Guards  in  the  choice  of  their 
officers ; 


LAW  UPON  ELECTIONS 


513 


6th.  Provisions  which  assure  in  a legal  manner  the  status 
of  the  officers  of  every  grade  in  the  army  and  navy; 

7th.  Departmental  and  municipal  institutions  founded 
upon  an  elective  system ; 

8th.  Public  instruction  and  the  liberty  of  teaching; 

9th.  Abolition  of  the  double  vote  and  fixing  of  the  elec- 
toral and  eligibility  conditions. 

70.  All  laws  and  ordinances,  wherein  they  are  contrary  to 
the  provisions  adopted  for  the  reform  of  the  Charter,  are  forth- 
with and  shall  remain  annulled  and  abrogated. 

We  command  all  our  courts  and  tribunals,  administrative 
bodies,  and  all  others  that  they  keep  and  maintain,  cause  to  be 
kept,  observed  and  maintained  the  present  Constitutional 
Charter,  and  to  make  it  more  known  to  all,  that  they  cause 
it  to  be  published  in  all  the  municipalities  of  the  kingdom  and 
^vherever  there  shall  be  need ; and  in  order  that  this  may 
be  firm  and  .stable  forever,  we  have  caused  our  seal  to  be  af- 
fixed thereto. 

Done  at  the  Palais  Royal  at  Paris,  the  14th  day  of  the 
month  of  August,  in  the  year  1830. 

Signed,  Louis-Philippe. 


106.  Law  upon  Elections. 

April  19,  1831.  Duvergier,  Lois,  XXXI,  211-244. 

Under  the  Bourbon  Monarchy  the  tax-paying  qualification  for 
membership  in  the  Chamber  of  Deputies  was  one  thousand  francs 
per  annum  and  for  the  exercise  of  the  suffrage  three  hundred 
francs.  When  the  Constitutional  Charter  was  revised  there  had 
been  an  informal  understanding  that  these  qualifications  should 
shortly  be  revised.  This  law  was  enacted  in  fulfillment  of  that 
understanding  and  remained  unchanged  throughout  the  entire  pe- 
riod of  the  July  Monarchy.  It  raised  the  number  of  voters  from 
about  94,000  to  about  188,000.  The  population  of  France  was  ap- 
proximately thirty  millions.  In  connection  with  this  measure 
notice  should  be  taken  of  the  laws  of  1831  upon  the  Chamber  of 
Peers,  municipal  government,  and  the  organization  of  the  National 
Guards.  The  four  constitute  a sort  of  supplement  to  the  Constitu- 
tion of  1830. 

Reference.  Lavisse  and  Rambaud,  Histoire  Generate,  X,  377- 
378. 

TITLE  I.  OF  ELECTORAL  CAPACITIES. 

i.  Every  Frenchman  enjoying  civil  and  political  rights, 
17 


514 


PROVISIONAL  GOVERNMENT  DECREES 


fully  twenty-five  years  of  age,  and  paying  two  hundred  francs 
of  direct  taxes  is  an  elector,  if  he  fulfils  the  other  conditions 
fixed  by  the  present  law. 


TITLE  IV.  OF  THE  ELECTORAL  COLLEGES. 

38.  The  Chamber  of  Deputies  is  composed  of  four  hundred 
fifty-nine  deputies. 

39.  Each  electoral  college  elects  only  one  deputy. 

The  number  of  the  deputies  of  each  department,  and  the 
division  of  the  departments  into  electoral  districts,  are  reg- 
ulated by  the  annexed  table,  making  part  of  the  present  law. 

40.  The  electoral  colleges  are  convoked  by  the  King.  They 
meet  in  the  city  of  the  electoral  or  administrative  district 
which  the  King  designates.  They  cannot  occupy  themselves 
with  other  matters  than  the  election  of  the  deputies ; all  dis- 
cussion and  all  deliberation  are  forbidden  to  them. 

TITLE  V.  OF  ELIGIBLES. 

59.  No  one  shall  be  eligible  to  the  Chamber  of  Deputies, 
if,  at  the  day  of  his  election,  he  is  not  thirty  years  of  age, 
and  if  he  does  not  pay  five  hundred  francs  of  direct  taxes, 
saving  the  case  provided  for  by  article  33  of  the  Charter.  . 


107.  Proclamations  and  Decrees  of  the  Provisional 
Government  of  1848. 


The  provisional  government  of  1848  exhibited  prodigious  activ- 
ity in  the  promulgation  of  jrroclamations  and  decrees.  These  few 
are  intended  to  show  how  some  of  the  great  problems  were  dealt 
with  and  the  ideas  of  the  period.  Documents  A,  C and  H bear 
upon  the  problem  of  the  form  of  government  which  should  succeed 
the  July  Monarchy.  Documents  B,  D,  E and  F show  what  was 
done  to  meet  the  demands  of  the  Socialists.  Documents  F and  I 
illustrate  the  manner  in  which  the  maxim  Liberty,  Equality,  Fra- 
ternity, was  applied. 

References.  Fyffe,  Modern  Europe,  III,  34-37  (Popular  ed., 
728-731);  Seignobos,  Europe  Since  1814,  159-162;  Andrews,  Mod- 
ern Europe,  I,  342-352 ; Dickinson,  Revolution  and  Reaction  in 
Modern  France,  168-185,  passim;  Lavisse  and  Rambaud,  Histoire 
Generate,  XI,  10-17. 


PROVISIONAL  GOVERNMENT  DECREES 


515 


A.  Proclamation  of  the  Overthrow  of  the  July  Monarchy. 
February  24,  1848.  Duvergier,  Lois,  XLVIII,  49-56. 

IN  THE  NAME  OF  THE  FRENCH  PEOPLE. 

A retrograde  and  oligarchical  government  has  just  been 
overthrown  by  the  heroism  of  the  people  of  Paris.  That  gov- 
ernment has  fled,  leaving  behind  it  a trail  of  blood  that  forbids 
it  to  ever  retrace  its  steps. 

The  blood  of  the  people  has  flowed  as  in  July;  but  this 
time  this  generous  people  shall  not  be  deceived.  It  has 
conquered  for  a national  and  popular  government  in  harmony 
with  the  rights,  the  progress,  and  the  will  of  this  great  and  gen- 
erous people. 

A provisional  government,  issuing  from  acclamation  and 
urgency  by  the  voice  of  the  people  and  of  the  deputies  of  the 
departments,  in  the  sitting  of  February  24,  is  for  the  moment 
invested  with  the  task  of  assuring  and  organizing  the  national 
victory.  It  is  composed  of: 

MM.  Dupont  (de  l’Eure),  Lamartine,  Cremicux,  Arago 
(of  the  Institute),  Lcdru-Rollin,  Garnier-Pages,  Marie,  Ar- 
ma\nd  Marrast,  Louis  Blanc,  Ferdinand  Flocon,  and  Albert, 
workingman. 

These  citizens  have  not  hesitated  a moment  to  accept  the 
patriotic  commission  which  is  imposed  upon  them  by  the  pres- 
sure of  necessity.  When  the  capital  of  France  is  on  fire  the 
warrant  of  the  provisional  government  is  in  the  public  safety. 
All  France  will  understand  this  and  will  lend  to  it  the  help  of 
its  patriotism.  Under  the  popular  government  which  proclaims 
the  provisional  government  every  citizen  is  a magistrate. 

Frenchmen,  give  to  the  world  the  example  which  Paris  ha? 
given  to  France  : prepare  yourselves  by  order  and  confidence 
in  yourselves  for  the  solid  institutions  which  you  are  about  to 
be  called  upon  to  give  yourselves. 

The  provisional  government  resolves  to  have  the  Republic, 
subject  to  ratification  by  the  people,  who  shall  be  immediately 
consulted. 

The  unity  of  the  nation,  constituted  henceforth  of  all  the 
classes  of  citizens  who  compose  it ; the  government  of  the  na- 
tion by  itself; 


PROVISIONAL  GOVERNMENT  DECREES 


516 


Liberty,  equality,  and  fraternity  for  principles,  tire  people 
for  emblem  and  watch-word,  that  is  the  democratic  government 
which  France  owes  to  itself  and  which  our  efforts  shall  be  di- 
rected to  securing  for  it. 

B.  Declaration  Relative  to  Workingmen.  February  25, 
1848.  Duvergier,  Lois,  XLVIII,  59. 

The  provisional  government  of  the  French  Republic  engages 
to  guarantee  the  existence  of  the  workingman  by  labor ; 

It  engages  to  guarantee  labor  to  all  citizens ; 

It  recognizes  that  workingmen  ought  to  enter  into  associa- 
tions among  themselves  in  order  to  enjoy  the  advantage  of  their 
labor. 

The  provisional  government  returns  to  the  workingmen,  to 
whom  it  belongs,  the  million  which  was  about  to  fall  due  upon 
the  civil  list. 

C.  Proclamation  of  the  Republic.  February  26,  1848.  Du- 
vergier, Lois,  XLVIII,  60. 

IN  THE  NAME  OF  THE  FRENCH  PEOPLE. 

Citizens, 

Royalty,  under  whatever  form  it  may  take,  is  abolished. 

No  more  legitimism,  no  more  Bonapartism,  no  regency. 

The  provisional  government  has  taken  all  the  measures 
necessary  to  render  impossible  the  return  of  the  former  dy- 
nasty and  the  advent  of  a new  dynasty. 

The  Republic  is  proclaimed. 

The  people  are  united. 

All  the  forts  which  surround  the  capital  are  ours. 

The  brave  garrison  of  Vincennes  is  a garrison  of  brothers. 

Let  us  preserve  that  old  republican  flag  whose  three  colors 
made  with  our  fathers  the  tour  of  the  world. 

Let  us  show  that  this  symbol  of  equality,  of  liberty,  and  of 
fraternity,  is  at  the  same  time  the  symbol  of  order,  and  of  order 
the  more  real,  the  more  durable,  since  justice  is  its  foundation 
and  the  whole  people  its  instrument. 

The  people  have  already  understood  that  the  provisioning  of 
Paris  requires  a freer  circulation  in  the  streets  of  Paris,  and 
the  hands  which  erected  the  barricades  have  in  several  places 


PROVISIONAL  GOVERNMENT  DECREES 


517 


made  in  these  barricades  an  opening  large  enough  for  the  free 
passage  of  transportation  wagons. 

Let  this  example  be  followed  everywhere ; let  Paris  resume 
its  accustomed  appearance  and  commerce  its  activity  and  its 
confidence ; let  the  people  at  the  same  time  look  to  the  main- 
tenance of  their  rights,  and  let  them  continue  to  assure,  as  they 
have  done  until  now,  the  public  tranquility  and  security. 

D.  Decree  for  Establishing  National  Workshops.  February 
26,  1848.  Duvergier,  Lois,  XLVIII,  60. 

IN  THE  NAME  OF  THE  FRENCH  PEOPLE. 

The  provisional  government  of  the  Republic 

Decrees  the  immediate  establishment  of  national  workshops. 

The  minister  of  public  works  is  charged  with  the  exe- 
cution of  the  present  decree. 

E.  Proclamation  and  Order  for  the  Luxembourg  Commis- 
sion. February  26,  1848.  Duvergier,  Lois,  XLVIII,  62. 

IN  THE  NAME  OF  THE  FRENCH  PEOPLE. 

Considering  that  the  revolution,  made  by  the  people,  ought 
to  be  made  for  them ; 

That  it  is  time  to  put  an  end  to  the  long  and  iniquitous  suf- 
ferings of  the  laboring  men ; 

That  the  labor  question  is  one  of  supreme  importance ; 

That  there  is  none  higher  and  more  worthy  of  the  attention 
of  a republican  government; 

That  it  belongs  especially  to  France  to  study  intensely  and 
to  solve  a problem  propounded  today  to  all  the  industrial  na- 
tions of  Europe ; 

That  it  is  necessary  without  the  least  delay  to  see  to  the 
guaranteeing  to  the  people  the  legitimate  fruits  of  their  labor, 

The  provisional  government  of  the  Republic  resolves : 

A permanent  commission,  which  shall  be  called  the  Gov- 
ernment Commission  for  the  Workingmen,  is  about  to  be 
appointed  with  the  express  and  special  mission  of  occupy- 
ing itself  with  their  condition. 

In  order  to  show  what  importance  the  provisional  govern- 
ment of  the  Republic  attaches  to  the  solution  of  this  great 
problem,  it  appoints  as  president  of  the  Government  Commis- 
sion for  the  Workingmen  one  of  its  members,  M Louis  Blanc, 


5x8 


PROVISIONAL  GOVERNMENT  DECREES 


and  for  vice-president  another  of  its  members,  M.  Albert, 
workingman. 

Workingmen  shall  be  summoned  to  make  up  part  of  the 
commission. 

The  seat  of  the  commission  shall  be  at  the  Luxembourg 
Palace. 

F.  Decree  for  Abolishing  Titles  of  Nobility.  February  29, 
1848.  Duvcrgier,  Lois,  XLVIII,  64. 

IN  THE  NAME  OF  THE  FRENCH  PEOPLE. 

The  provisional  government, 

Considering : 

That  equality  is  one  of  the  three  grand  principles  of  the 
French  Republic;  that,  in  consequence,  it  ought  to  receive 
an  immediate  application, 

Decrees : 

All  the  former  titles  of  nobility  are  abolished;  the  desig- 
nations which  were  connected  with  them  are  interdicted;  they 
cannot  be  taken  in  public  nor  figure  in  any  public  document. 

G.  Decree  upon  Labor.  March  2,  1848.  Duvergier,  Lois, 
XLVIII,  67. 

IN  THE  NAME  OF  THE  FRENCH  PEOPLE. 

Upon  the  report  of  the  Government  Commission  for  the 
Workingmen, 

Considering : 

1.  That  too  prolonged  manual  labor  ruins  the  health  of 
the  worker,  but  even  more,  in  preventing  him  from  cultivating 
his  intelligence,  impairs  the  dignity  of  man; 

2.  That  the  exploitation  of  the  workers  by  the  working- 
men  who  are  sub-contractors,  called  marchandeurs  or  tach- 
erons , is  essentially  unjust,  vexatious,  and  contrary  to  the 
principle  of  fraternity; 

The  provisional  government  of  the  Republic  decrees : 

1.  The  working  day  is  diminished  by  one  hour.  In 
consequence,  at  Paris,  where  it  was  eleven  hours,  it  is  reduced 
to  ten ; and  in  the  country  where  it  has  been  until  now 
twelve  hours,  it  is  reduced  to  eleven  : 

2.  The  exploitation  of  the  workers  by  the  sub-contractors 
or  marchandage  is  abolished. 


PROVISIONAL  GOVERNMENT  DECREES 


519 

It  is  understood  that  the  associations  of  workers  which 
have  not  for  their  purpose  the  exploitation  of  workers  by 
each  other  are  not  considered  as  marchandage. 

H.  Decree  for  the  National  Assembly.  March  5.  1848. 
Duvergier,  Lois,  XLVIII,  70-71. 

IN  THE  NAME  OF  THE  FRENCH  PEOPLE. 

The  provisional  government  of  the  Republic, 

Wishing  to  transfer  as  soon  as  possible  to  the  hands  of 
a definitive  government  the  powers  which  it  exercises  in  the 
interest  and  by  the  command  of  the  people, 

Decrees : 

I.  The  cantonal  electoral  assemblies  are  convoked  for 
the  ninth  of  April  next  in  order  to  elect  the  representatives 
of  the  people  who  shall  decree  the  Constitution. 

2.  The  election  shall  have  population  for  its  basis. 

3.  The  total  number  of  the  representatives  of  the  people 
shall  be  nine  hundred,  including  Algeria  and  the  French 
colonies. 

4.  They  shall  be  apportioned  among  the  departments  in  the 
proportion  indicated  in  the  table  annexed. 

5.  The  suffrage  shall  be  direct  and  universal. 

6.  All  Frenchmen  twenty-one  years  of  age,  residing  in  the 
commune  for  six  months  past,  and  not  judicially  deprived 
nor  suspended  from  the  exercise  of  civic  rights,  are  electors. 

7.  All  Frenchmen  twenty-five  years  of  age  and  not  de- 
prived or  suspended  from  civic  rights  are  eligible  [to  the 
National  Assembly], 

8.  The  ballot  shall  be  secret. 

9.  All  the  electors  shall  vote  at  the  head-town  of  their 
cantons  by  scrutin  de  liste. 

Each  ballot  shall  contain  as  many  names  as  there  shall 
be  representatives  to  elect  in  the  department. 

The  counting  of  the  votes  shall  take  place  at  the  head- 
town  of  the  canton  and  the  verification  at  that  of  the  de- 
partment. 

No  one  can  be  chosen  representative  of  the  people  if  he 
does  not  obtain  two  thousand  votes. 

10.  Each  representative  of  the  people  shall  receive  a 


520 


PROVISIONAL  GOVERNMENT  DECREES 


compensation  of  twenty-five  francs  per  day  during  the  con- 
tinuance of  the  session. 

11.  An  instruction  of  the  provisional  government  shall 
regulate  the  details  of  the  execution  of  the  present  decree. 

12.  The  National  Constituent  Assembly  shall  be  opened 
on  April  20. 

13.  The  present  decree  shall  be  immediately  sent  into  the 
departments  and  published  and  posted  in  all  the  communes  of 
the  Republic. 

I.  Decree  upon  Slavery.  April  27,  1848.  Duvergier,  Lois, 
XLVIII,  194. 

The  provisional  government,  considering  that  slavery  is  an 
outrage  against  human  dignity ; that  in  destroying  the  free  will 
of  man  it  sets  aside  the  natural  principles  of  right  and  duty; 
that  it  is  a flagrant  violation  of  the  republican  dogma,  Lib- 
erty, Equality,  Fraternity ; considering  that  if  effective  meas- 
ures did  not  follow  very  closely  the  proclamation  already 
made,  of  the  principle  of  abolition,  the  most  deplorable  dis- 
orders in  the  colonies  might  result  from  it, 

Decrees : 

1.  Slavery  shall  be  entirely  abolished  in  all  the  French 
colonies  and  possessions  two  months  after  the  promulgation 
of  the  present  decree  in  each  of  them.  From  the  promulga- 
tion of  the  present  decree  in  the  colonies,  all  corporal  punish- 
ment and  all  sale  of  persons  not  free  shall  be  absolutely  for- 
bidden. 

2.  The  system  of  contracts  for  a term  of  years  in  Senegal 
is  suppressed. 

3.  The  governors  and  general  commissioners  of  the  Re- 
public are  charged  to  apply  the  whole  of  the  measures  ap- 
propriate to  secure  liberty  to  Martinique,  Guadeloupe  and 
dependencies,  the  island  of  Reunion,  Guiana,  Senegal  and  other 
French  settlements  on  the  west  coast  of  Africa,  the  island  of 
Mayotta  and  dependencies,  and  in  Algeria. 

4.  Former  slaves  condemned  to  afflictive  or  correctional 
penalties  for  deeds  which  imputed  to  free  men  would  not 
have  entailed  that  punishment  are  amnestied.  The  persons  de- 
ported by  administrative  act  are  recalled. 


PETITION  OF  THE  16TH  OF  APRIL 


521 

5.  The  National  Assembly  shall  determine  the  amount  of 
the  indemnity  which  shall  be  granted  to  the  colonists. 

6.  The  colonies  freed  from  .servitude  and  the  possessions 
in  India  shall  be  represented  in  the  National  Assembly. 

7.  The  principle  that  the  soil  of  Frence  liberates  the  slave 
who  touches  it  applies  to  the  colonies  and  the  possessions  of 
the  Republic. 

8.  For  the  future,  even  in  a foreign  country,  it  is  forbidden 
to  every  Frenchman  to  possess,  to  buy  or  to  sell  slaves,  or 
to  participate,  either  directly  or  indirectly,  in  any  traffic  or 
exploitation  of  that  kind.  Any  infraction  of  these  provisions 
shall  entail  the  loss  of  title  to  French  citizenship.  Nevertheless, 
the  French  who  shall  find  themselves  affected  by  these  pro- 
hibitions at  the  moment  of  the  promulgation  of  the  present 
decree  shall  have  a period  of  three  years  in  which  to  conform 
to  them.  Those  who  shall  become  the  possessors  of  slaves  in 
foreign  countries  by  inheritance,  gift  or  marriage,  shall,  under 
the  same  penalty,  liberate  or  alienate  them  within  the  same 
period  from  the  day  whereon  their  possession  shall  have  com- 
menced. 


108.  Petition  of  the  16th  of  April. 


April  16,  ISIS.  Moniteur,  April  17,  1848. 

This  petition  was  presented  to  the  provisional  government  by 
one  of  the  monster  demonstrations  organized  by  the  Socialists  for 
the  purpose  of  bringing  about  a postponement  of  the  elections  for 
the  Constituent  Assembly.  It  exhibits  in  concise  form  some  of  the 
general  demands  of  the  Socialists. 

Reference.  Lavisse  and  Rambaud,  Uictoire  Generale,  XI,  14- 

15. 


The  W o'rkingmen  of  the  Department  of  the  Seine  to  the 
Provisional  Government. 

Citizens, 

Reaction  raises  its  head ; calumny,  that  favorite  weapon  of 
men  without  principles  and  without  honor,  from  every  side 
pours  its  contagious  venom  upon  the  true  friends  of  the 
people.  It  is  to  us,  men  of  the  revolution,  men  of  action  and 


522 


DECLARATION  UPON  THE  REPUBLIC 


devotion,  that  it  belongs  to  declare  to  the  Provisional  Gov- 
ernment that  the  people  wish  the  Democratic  Republic;  that 
the  people  wish  the  abolition  of  the  exploitation  of  man  by 
man;  that  the  people  wish  the  organization  of  labor  through 
association. 

Vive  la  Republique ! Vive  le  Gouvernment  provisiore! 


109.  Declaration  upon  the  Republic. 

May  4,  1S48.  Duvergier,  Lois,  XLVIII,  278. 

When  the  National  Assembly  met  on  May  4,  1848,  this  declar- 
ation was  proposed  by  the  representatives  of  the  department  of 
the  Seine  and  adopted  unanimously. 

IN  THE  NAME  OF  THE  FRENCH  PEOPLE. 

The  National  Assembly,  as  faithful  interpreter  of  the  sen- 
timents of  the  people  who  have  just  selected  it,  before  be- 
ginning its  labors,  declares, 

In  the  name  of  the  French  people,  and  in  the  face  of  the 
entire  world,  that  THE  REPUBLIC,  proclaimed  February 
24,  1848,  is  and  shall  remain  the  form  of  government  of 
France. 

The  Republic  which  France  chooses  has  for  its  motto:  Lib- 
erty, Equality,  Fraternity. 

In  the  name  of  the  fatherland,  the  National  Assembly  con- 
jures all  Frenchmen,  of  all  opinions,  to  forget  former  dis- 
sensions and  to  constitute  henceforth  but  a single  family.  The 
day  on  which  the  representatives  of  the  people  meet  is  for  all 
citizens  the  festival  of  concord  and  fraternity.  Vive  LA  RE- 
PUBLIQUE. 


110.  Constitution  of  1848. 

November  4,  1848.  Duvergier,  Lois,  XLVIII,  560-609. 

This  constitution  was  drafted  and  promulgated  by  the  National 
Assembly  of  184S.  It  should  be  studied  from  two  standpoints : 
(1)  as  a theoretical  frame  of  government : (2)  with  reference  to 
the  political  situation  of  France  in  1848.  Particular  notice  should 
be  taken  of  the  manner  in  which  its  two  fundamental  principles, 
popular  sovereignty  and  separation  of  the  powers,  are  applied. 


CONSTITUTION  OF  1848 


523 


References.  Seignobos,  Europe  Since  1811,,  164-165  ; Andrews, 
Modern  Europe,  I,  357-362  ; Dickinson,  Revolution  and  Reaction 
in  Modern  France,  200-201  : Toequeville,  Recollections,  Part  II, 
Ch.  xi ; Lavisse  and  Rambaud.  Histoire  Generate,  XI,  20-22. 

The  National  Assembly  has  adopted,  and  in  conformity 
with  article  6 of  the  decree  of  October  28,  1848,  the  Pres- 
ident of  the  National  Assembly  promulgates  the  following 
Constitution : 

Preamble. 

IN  THE  PRESENCE  OF  GOD,  AND  IN  THE  NAME  OF  THE  FRENCH 
PEOPLE,  THE  NATIONAL  ASSEMBLY  PROCLAIMS  : 

I.  France  is  constituted  a Republic.  In  definitely  adopt- 
ing that  form  of  government,  it  proposes  for  its  aim  to  move 
more  freely  in  the  path  of  progress  and  civilization,  to  assure 
a more  and  more  equitable  distribution  of  the  burdens  and  ad- 
vantages of  society,  to  increase  the  comfort  of  each  person 
by  large  reductions  in  the  public  expenditures  and  taxes,  and 
without  new  commotion,  through  the  successive  and  constant 
action  of  institutions  and  laws,  and  to  cause  every  one  to 
reach  a degree  of  morality,  enlightenment  and  well-being  con- 
stantly becoming  more  elevated. 

II.  The  French  Republic  is  democratic,  one  and  indivisible. 

III.  It  recognizes  rights  and  duties  existing  before  and 
superior  to  positive  laws. 

IV.  It  has  for  its  maxim  liberty,  equality  and  fraternity. 

It  has  for  its  basis  the  family,  labor,  property,  and  public 

order. 

V.  It  respects  foreign  nationalities,  as  it  intends  to  cause 
its  own  to  be  respected ; it  does  not  undertake  any  war  for 
the  purpose  of  conquest,  and  it  never  employs  its  forces  against 
the  liberty  of  any  people. 

VI.  Reciprocal  duties  bind  the  citizens  to  the  Republic, 
and  the  Republic  to  the  citizens. 

VII.  The  citizens  ought  to  love  the  fatherland,  to  serve 
the  Republic,  to  defend  it  at  the  price  of  their  lives,  and  to 
share  the  expenses  of  the  State  in  proportion  to  their  fortunes ; 
they  ought  to  secure  for  themselves,  by  labor,  means  of 
subsistence,  and,  b}'  foresight,  resources  for  the  future;  they 
ought  to  contribute  to  the  common  well-being  by  fraternally 
co-operating  with  one  another,  and  to  the  general  order  by  ob- 


524 


CONSTITUTION  OF  1848 


serving  the  moral  and  the  written  laws  which  control  society, 
the  family,  and  the  individual. 

VIII.  The  Republic  ought  to  protect  the  citizen  in  his 
person,  his  family,  his  religion,  his  property,  his  labor,  and  to 
put  within  the  reach  of  each  person  the  education  indispensable 
for  all  men;  it  is  bound  to  assure  by  fraternal  assistance  the 
maintenance  of  indigent  citizens,  either  by  furnishing  work 
to  them  within  the  limits  of  its  resources,  or,  in  the  absence 
of  the  family,  by  giving  assistance  to  those  who  are  unable  to 
work. 

For  the  purpose  of  fulfilling  all  these  duties  and  for  a 
guarantee  of  all  these  rights,  the  National  Assembly,  faithful 
to  the  traditions  of  the  great  assemblies  which  inaugurated  the 
French  Revolution,  decrees  as  follows,  the  Constitution  of  the 
Republic. 

Constitution. 

CHAPTER  I.  OF  THE  SOVEREIGNTY. 

1.  Sovereignty  resides  in  the  totality  of  the  French  citizens. 

It  is  inalienable  and  imprescriptible. 

No  individual  nor  any  part  of  the  people  can  claim  for 
themselves  the  exercise  thereof. 

CHAPTER  II.  RIGHTS  OF  THE  CITIZENS  GUARANTEED  BY  THE 
CONSTITUTION. 

2.  No  one  can  be  arrested  or  held  in  custody  except  accord- 
ing to  the  provisions  of  the  law. 

3.  The  dwelling-place  of  every  person  living  on  French 
soil  is  inviolable ; it  can  be  entered  only  according  to  the  forms 
and  in  the  cases  provided  by  law. 

4.  No  one  shall  be  removed  from  the  jurisdiction  of  his 
natural  judges. 

No  extraordinary  commissions  or  tribunals  can  be  created 
under  any  title  or  denomination  whatsoever. 

5.  The  death  penalty  for  political  offences  is  abolished. 

6.  Slavery  cannot  exist  upon  any  French  soil. 

7.  Every  person  may  freely  profess  his  religion,  and  receive 
from  the  State,  for  the  exercise  of  his  worship,  an  equal  pro- 
tection. 

Ministers,  either  of  the  sects  now  recognized  by  law  or  of 
those  which  may  be  recognized  in  the  future,  have  the  right 
to  receive  a stipend  from  the  State. 


CONSTITUTION  OF  1848 


525 


8.  Citizens  have  the  right  to  form  associations,  to  assem- 
ble peaceably  and  without  arms,  to  petition,  and  to  express 
their  opinions  by  means  of  the  press  or  otherwise. 

The  exercise  of  these  rights  has  for  limits  only  the  rights 
and  the  liberty  of  others  and  the  public  security. 

The  press  cannot  in  any  case  be  subjected  to  the  censorship. 

9.  Instruction  is  free. 

The  liberty  of  instruction  is  exercised  according  to  the 
conditions  of  capacity  and  morality  that  are  determined  by 
law  and  under  the  oversight  of  the  State. 

This  oversight  extends  to  all  establishments  for  education 
and  instruction,  without  any  exception. 

10.  All  citizens  are  equally  eligible  to  all  public  employ- 
ments, without  any  other  grounds  for  preference  than  their 
own  merits,  and  according  to  the  conditions  that  shall  be  fixed 
by  the  laws. 

All  titles  of  nobility,  all  distinctions  of  birth,  of  class  or 
of  caste  are  forever  abolished. 

11.  All  property  is  inviolable.  Nevertheless,  the  State  can 
demand  the  sacrifice  of  a property  on  the  ground  of  a legally 
established  public  utility,  and  by  furnishing  a just  and  prior 
indemnity. 

12.  The  confiscation  of  property  can  never  be  re-established. 

13.  The  Constitution  guarantees  to  citizens  liberty  of  labor 
and  of  industry. 

Society  favors  and  encourages  the  development  of  la- 
bor by  gratutitous  primary  education,  professional  edu- 
cation, equality  of  relations  between  the  employer  and  the 
workingman,  institutions  of  savings  and  of  credit,  agricul- 
tural institutions,  voluntary  associations,  and  the  establishment 
by  the  State,  the  departments  and  the  communes  of  public 
works  suitable  for  the  employ  ment  of  unemployed  hands ; it 
furnishes  assistance  to  abandoned  children,  the  infirm,  and  the 
aged  that  are  without  resources  and  whose  families  cannot 
relieve  them. 

14.  The  public  debt  is  guaranteed.  Every  form  of  en- 
gagement made  by  the  State  with  its  creditors  is  inviolable. 

15.  Every  tax  is  imposed  for  the  common  utility. 

Each  person  contributes  thereto  in  proportion  to  his  means 
and  his  fortune. 


526 


CONSTITUTION  OF  1848 


16.  No  tax  can  be  imposed  or  collected  except  by  virtue  of 
the  law. 

17.  Direct  taxation  is  consented  to  only  for  one  year. 

Indirect  taxes  can  be  consented  to  for  several  years. 

CHAPTER  III.  OF  THE  PUBLIC  POWERS. 

18.  All  the  public  powers,  whatever  they  may  be,  spring 
from  the  people. 

They  cannot  be  delegated  hereditarily. 

19.  The  separation  of  the  powers  is  the  fundamental  prin- 
ciple of  a free  government. 

CHAPTER  IV.  OF  THE  LEGISLATIVE  POWER. 

20.  The  French  people  delegate  the  legislative  power  to  a 
single  Assembly. 

21.  The  total  number  of  the  representatives  of  the  people 
sfiall  be  seven  hundred  and  fifty,  including  the  representatives 
of  Algeria  and  the  French  colonies. 

22.  This  number  shall  be  increased  to  nine  hundred  for 
the  assemblies  which  shall  be  called  to  alter  the  Constitution. 

23.  The  basis  for  election  is  population. 

24.  The  suffrage  is  direct  and  universal.  The  ballot  is 
secret. 

25.  All  Frenchmen,  twenty-one  years  of  age  and  enjoying 
their  civil  and  political  rights,  are  electors,  regardless  of  prop- 
erty. 

26.  All  electors  twenty-five  years  of  age,  regardless  of 
their  domicile,  are  eligible  to  election. 

27.  The  electoral  law  shall  determine  the  causes  which  can 
deprive  a French  citizen  of  the  right  to  elect  and  to  be  elected. 

It  shall  designate  the  citizens  who,  exercising  or  having  ex- 
ercised functions  in  a department  or  a territorial  jurisdiction, 
cannot  be  elected  there. 

28.  Every  remunerated  public  employment  is  incompatible 
with  the  commission  of  representative  of  the  people. 

No  member  of  the  National  Assembly,  during  the  continu- 
ance of  the  legislature,  can  be  appointed  or  preferred  for  pub- 
lic salaried  employments  of  which  the  incumbents  are  chosen 
at  will  by  the  executive  power. 

The  exceptions  to  the  provisions  of  the  two  preceding  para- 
graphs shall  be  determined  by  the  organic  electoral  law. 


CONSTITUTION  OF  1848 


527 


29.  The  provisions  of  the  preceding  articles  are  not  ap- 
plicable to  the  assemblies  elected  to  alter  the  Constitution. 

30.  The  election  of  the  representatives  shall  be  by  depart- 
ments and  by  scrutin  de  liste. 

The  electors  shall  vote  in  the  head-town  of  the  canton ; 
nevertheless,  on  account  of  local  conditions,  the  canton  can  be 
divided  into  several  districts,  in  the  form  and  upon  the  con- 
ditions that  shall  be  determined  by  the  electoral  law. 

31.  The  National  Assembly  is  elected  for  three  years,  and 
is  renewed  in  a body. 

At  least  forty-five  days  before  the  end  of  the  legislature,  a 
law  determines  the  time  of  the  new  elections. 

If  any  law  does  not  intervene  within  the  limit  fixed  by  the 
preceding  article,  the  electors  meet  of  perfect  right  upon  the 
thirtieth  day  preceding  the  end  of  the  legislature. 

The  new  Assembly  is  convoked  of  perfect  right  for  the 
morrow  of  the  day  upon  which  the  commission  of  the  preced- 
ing Assembly  expires. 

32.  It  is  permanent. 

Nevertheless,  it  can  adjourn  for  a period  that  it  shall  fix. 

During  the  continuance  of  the  prorogation,  a commission, 
composed  of  members  of  the  bureau  and  of  twenty-five  mem- 
bers appointed  by  the  Assembly  through  secret  ballot  and  ma- 
jority vote  has  the  right  to  convoke  it  in  case  of  urgency. 

The  President  of  the  Republic  also  has  the  right  to  con- 
voke the  Assembly. 

The  National  Assembly  determines  the  place  of  its  meet- 
ings. It  determines  the  extent  of  the  military  forces  provided 
for  its  security,  and  it  controls  them. 

33.  Representatives  are  always  re-eligible. 

34.  Members  of  the  National  Assembly  are  the  representa- 
tives, not  of  the  department  which  selects  them,  but  of  all 
France. 

35.  They  cannot  receive  imperative  instructions. 

36.  The  representatives  of  the  people  are  inviolable. 

They  cannot  be  questioned,  accused  nor  condemned  at  any 

time  for  opinions  that  they  have  expressed  in  the  National 
Assembly. 

37.  They  cannot  be  arrested  upon  a criminal  charge,  un- 


528 


CONSTITUTION  OF  1848 


less  taken  in  the  act,  nor  prosecuted  except  after  the  Assem- 
bly has  authorised  the  prosecution. 

In  case  of  the  arrest  of  one  taken  in  the  act,  it  shall  be 
forthwith  referred  to  the  Assembly,  which  shall  authorise  or 
forbid  the  continuance  of  the  prosecution.  This  provision 
applies  to  the  case  in  which  a citizen  under  arrest  is  elected 
representative. 

38.  Each  representative  of  the  people  receives  a salary 
which  he  cannot  refuse. 

39.  The  sittings  of  the  Assembly  are  public.  Nevertheless, 
the  Assembly  can  form  itself  into  secret  committee,  upon  the 
demand  of  the  number  of  representatives  fixed  by  the  rule. 

Each  representative  has  the  right  of  parliamentary  initi- 
ative ; he  shall  exercise  it  according  to  the  forms  determined 
by  the  rule. 

40.  The  presence  of  half  plus  one  of  the  members  of  the 
Assembly  is  necessary  for  the  valid  enactment  of  laws. 

41.  No  proposal  for  a law,  unless  in  case  of  urgency,  shall 
be  voted  definitively  except  after  three  deliberations  at  inter- 
vals which  cannot  be  less  than  five  days. 

42.  Every  proposal  whose  purpose  is  to  declare  urgency 
is  preceded  by  a statement  of  reasons. 

If  the  Assembly  agrees  to  give  effect  to  the  proposal  of  ur- 
gency it  orders  the  reference  thereof  to  the  bureaux  and  fixes 
the  time  at  which  the  report  upon  the  urgency  shall  be  pre- 
sented. 

Upon  this  report,  if  the  Assembly  recognizes  the  urgency, 
it  declares  it,  and  fixes  the  time  of  the  discussion. 

If  it  decides  that  there  is  no  urgency,  the  proposal  follows 
the  course  of  ordinary  propositions. 

CHAPTER  V.  OF  THE  EXECUTIVE  POWER. 

43.  The  French  people  delegate  the  executive  power  to 
a citizen  who  receives  the  title  of  President  of  the  Republic. 

44.  The  President  must  be  French  born,  at  least  thirty 
years  of  age,  and  never  have  lost  the  quality  of  Frenchman. 

45.  The  President  of  the  Republic  is  elected  for  four 
years  and  is  re-eligible  only  after  an  interval  of  four  years. 

Furthermore,  neither  the  Vice-President,  nor  any  of  the 
kinsmen  or  connections  of  the  President  to  the  sixth  degree 
inclusive,  can  be  elected  after  him. 


CONSTITUTION  OF  1848 


529 


46.  The  election  takes  place  with  perfect  right  upon  the 
second  Sunday  of  the  month  cf  May. 

In  case,  owing  to  death,  resignation  or  any  other  cause, 
the  President  should  be  elected  at  any  other  time,  his  powers 
shall  expire  upon  the  second  Sunday  of  the  month  of  May 
cf  the  fourth  year  following  his  election. 

The  President  is  selected,  through  secret  ballot  and  ma- 
jority of  the  votes,  by  the  direct  vote  of  all  the  electors  of  the 
French  departments  and  of  Algeria. 

47.  The  minutes  of  the  electoral  proceedings  are  trans- 
mitted immediately  to  the  National  Assembly,  which  decides 
without  delay  upon  the  validity  of  the  election  and*  proclaims 
the  President  of  the  Republic. 

If  no  candidate  has  obtained  more  than  half  of  the  vote 
cast,  and  at  least  two  million  votes,  or  if  the  conditions  pre- 
scribed by  article  44  are  not  fulfilled,  the  National  Assembly 
elects  the  President  of  the  Republic,  by  absolute  majority  and 
secret  ballot,  from  among  the  five  eligible  candidates  who  have 
received  the  most  votes. 

48.  Before  entering  upon  his  duties,  the  President  of  the 
Republic  in  the  presence  of  the  National  Assembly  takes  the 
following  oath : 

In  the  presence  of  God  and  before  the  French  people, 
represented  by  the  National  Assembly,  I swear  to  remain 
faithful  to  the  democratic  Republic  one  and  indivisible,  and 
to  fulfill  all  the  duties  that  the  Constitution  imposes  upon  me. 

49.  He  has  the  right  to  cause  propositions  of  law  to  be 
presented  by  his  ministers  to  the  National  Assembly. 

He  supervises  and  secures  the  execution  of  the  laws. 

50.  He  disposes  of  the  armed  force,  without  power  ever 
to  command  in  person. 

51.  He  cannot  cede  any  portion  of  the  territory,  nor  dis- 
solve or  prorogue  -the  National  Assembly,  nor  suspend  in 
any  way  the  absolute  authority  of  the  Constitution  and  the 
laws. 

52.  He  presents  each  year,  in  a message  to  the  National 
Assembly,  a statement  of  the  general  condition  of  the  affairs 
of  the  Republic. 

53.  He  negotiates  and  ratifies  treaties. 


530 


CONSTITUTION  OF  1848 


No  treaty  is  definitive  until  after  it  has  been  ratified  by  the 
National  Assembly. 

54-  He  watches  over  the  defence  of  the  State,  but  he  can- 
not undertake  any  war  without  the  consent  of  the  National 
Assembly. 

55.  He  has  the  right  to  pardon,  but  he  can  exercise 
this  right  only  after  taking  the  opinion  of  the  Council  of 
State. 

Amnesties  can  be  accorded  only  by  a law. 

The  President  of  the  Republic,  and  the  ministers,  as  well 
as  all  other  persons  condemned  by  the  High  Court  of  Justice, 
can  be  pardoned  only  by  the  National  Assembly. 

56.  The  President  of  the  Republic  promulgates  the  laws 
in  the  name  of  the  French  people. 

57.  The  laws  of  urgency  are  promulgated  within  a period 
of  three  days,  and  the  other  laws  within  a period  of  one  month 
counting  from  the  day  on  which  they  shall  have  been  adopted 
by  ithe  National  Assembly. 

58.  Within  the  period  fixed  for  promulgation,  the  Pres- 
ident of  the  Republic,  by  an  explanatory  message  can  request  a 
new  consideration. 

The  Assembly  deliberates ; its  resolution  becomes  definitive ; 
it  is  transmitted  to  the  President  of  the  Republic. 

In  that  case,  the  promulgation  takes  place  within  the  time 
fixed  for  laws  of  urgency. 

59.  In  default  of  promulgation  by  the  President  of  the  Re- 
public, within  the  periods  required  by  the  preceding  articles, 
the  President  of  the  Assembly  shall  provide  for  it. 

60.  Envoys  and  ambassadors  of  foreign  powers  are  ac- 
credited to  the  President  of  the  Republic. 

61.  He  presides  at  national  solemnities. 

62.  He  is  housed  at  the  expense  of  the  Republic  and  re- 
ceives a salary  of  six  hundred  thousand  francs  per  annum. 

63.  He  resides  in  the  place  in  which  the  National  As- 
sembly sits,  and  cannot  leave  the  continental  territory  of  the 
Republic  without  being  authorised  thereto  by  a law. 

64.  The  President  of  the  Republic  appoints  and  dismisses 
the  ministers. 

He  appoints  and  dismisses,  in  council  of  the  ministers, 


CONSTITUTION  OF  184S 


53 1 

the  diplomatic  agents,  the  commanders-in-c'hief  of  the  army 
and  the  navy,  the  prefects,  the  superior  commandant  of  the 
National  Guards  of  the  Seine,  the  governors  of  Algeria  and 
the  colonies,  the  procureurs-general  and  other  officials  of  high 
rank. 

He  appoints  and  dismisses,  upon  the  proposal  of  the  proper 
minister  and  according  to  the  regular  conditions  determined 
by  law,  the  subordinate  agents  of  the  government. 

65.  He  has  the  right  to  suspend,  for  a term  that  cannot 
exceed  three  months,  the  agents  of  the  executive  power  elected 
by  the  citizens. 

He  can  dismiss  them  only  upon  the  advice  of  the  Council 
of  State. 

The  law  determines  the  cases  in  which  dismissed  agents 
can  be  declared  ineligible  for  the  same  employments. 

This  declaration  of  ineligibility  can  be  pronounced  only 
by  a judicial  order. 

66.  The  number  of  the  ministers  and  their  prerogatives 
are  fixed  by  the  legislative  power. 

67.  The  acts  of  the  President  of  the  Republic,  except  those 
by  which  he  appoints  and  dismisses  ministers,  are  not  valid 
unless  they  are  countersigned  by  a minister. 

68.  The  President  of  the  Republic,  the  ministers,  and  the 
agents  and  depositories  of  public  authority  are  responsible, 
each  in  that  which  concerns  him,  for  all  the  acts  of  the 
government  and  the  administration. 

Every  measure  by  which  the  President  of  the  Republic  dis- 
solves the  National  Assembly,  prorogues  it  or  places  an  ob- 
stacle to  the  exercise  of  its  commission,  constitutes  the  crime 
of  high  treason. 

By  this  act  alone,  the  President  is  stripped  of  his  func- 
tions ; the  citizens  are  required  to  refuse  him  obedience ; the 
executive  power  passes  with  perfect  right  to  the  National  As- 
sembly. The  judges  of  the  High  Court  of  Justice  meet  im- 
mediately upon  pain  of  forfeiture:  they  convoke  the  jurors  in 
the  place  that  they  designate,  or  in  order  to  proceed  to  the 
trial  of  the  President 'and  his  accomplices;  they  themselves 
designate  the  public  officers  who  shall  be  charged  with  per- 
forming the  functions  of  the  public  ministry. 


532 


CONSTITUTION  OF  1848 


A law  shall  determine  the  other  cases  of  responsibility,  as 
well  as  the  forms  and  the  conditions  of  the  prosecution. 

69.  The  ministers  have  admission  to  the  body  of  the 
National  Assembly ; they  are  heard  whenever  they  demand  it, 
and  can  have  the  assistance  of  commissioners  appointed  by 
a decree  of  the  President  of  the  Republic. 

70.  There  is  a Vice-President  of  the  Republic  appointed 
by  the  National  Assembly  out  of  three  candidates  presented 
by  the  President  within  the  month  that  follows  his  election. 

The  Vice-President  takes  the  same  oath  as  the  President. 

The  Vice-President  cannot  be  chosen  from  among  the 
kinsmen  and  connections  of  the  President  to  the  sixth  degree 
inclusive. 

In  case  of  the  disability  of  the  President,  the  Vice-President 
acts  for  him. 

If  the  presidency  becomes  vacant  by  death,  resignation  of 
the  President,  or  otherwise  an  election  for  president  takes 
place  within  a month. 

CHAPTER  VI.  OF  THE  COUNCIL  OF  STATE. 

71.  There  shall  be  a Council  of  State  of  which  the  Vice- 
President  of  the  Republic  shall  be  president  ex-officio. 

72.  The  members  of  this  council  are  appointed  for  six 
years  by  the  National  Assembly.  They  are  renewed  by  a 
half  within  the  first  three  months  of  each  legislature  through 
secret  ballot  and  majority. 

They  are  re-eligible  indefinitely. 

73.  Those  of  the  members  of  this  Council  who  have  been 
taken  from  the  body  of  the  National  Assembly  shall  be  re- 
placed immediately  as  representatives  of  the  people. 

74.  The  members  of  the  Council  of  State  can  be  dis- 
missed only  by  the  Assembly  and  upon  the  proposal  of  the 
President  of  the  Republic. 

75.  The  Council  of  State  is  consulted  upon  the  Gov- 
ernment’s proposals  for  laws,  which,  according  to  law,  must 
be  previously  submitted  for  its  examination,  and  upon  projects 
of  parliamentary  initiative  which  the  Assembly  shall  have 
submitted  to  it. 

It  prepares  the  regulations  for  public  administration ; it 
makes  only  those  of  these  rules  for  which  the  National  As- 
sembly has  given  a special  commission. 


CONSTITUTION  OF  1848 


533 


It  exercises  over  the  public  administrations  all  the  powers 
of  control  and  supervision  which  are  conferred  upon  it  by 
law. 

The  law  shall  determine  its  other  duties. 

CHAPTER  VII.  OF  THE  INTERNAL  ADMINISTRATION. 

76.  The  division  of  the  territory  into  departments,  dis- 
tricts, cantons  and  communes  is  retained.  The  present  limits 
can  be  changed  only  by  a law. 

77.  There  are : 1st.  In  each  department,  an  administration 
composed  of  a prefect,  a council-general  and  council  of  pre- 
fecture ; 

2d.  In  each  district,  a sub-prefect ; 

3d.  In  each  canton,  a cantonal  council ; nevertheless  only 
one  cantonal  council  shall  be  established  in  cities  divided  into 
several  cantons ; 

4th.  In  each  commune,  an  administration  composed  of  a 
mayor,  assistants  and  a municipal  council. 

78.  A law  shall  determine  the  composition  and  the  prerog- 
atives of  the  councils-general,  the  cantonal  councils,  and  the 
municipal  councils  and  the  manner  of  selecting  the  mayors 
and  the  assistants. 

79.  The  councils-general  and  the  municipal  councils  are 
elected  by  the  direct  vote  of  all  the  citizens  domiciled  in  the 
department  or  the  commune.  Each  canton  elects  one  member 
of  the  council-general. 

A special  law  shall  regulate  the  mode  of  election  in  the 
department  of  the  Seine,  in  the  city  of  Paris,  and  in  cities 
of  more  than  twenty  thousand  souls. 

80.  The  councils-general,  the  cantonal  councils  and  the 
municipal  councils  can  be  dissolved  by  the  President  of  the 
Republic  upon  the  advice  of  the  Council  of  State.  The  law 
shall  fix  the  period  within  which  a new  election  shall  be 
held. 

CHAPTER  VIII.  OF  THE  JUDICIAL  POWER. 

81.  Justice  is  administered  gratuitously  in  the  name  of  the 
French  people. 

Trials  are  public,  unless  publicity  would  be  dangerous  to 
order  or  morality ; and  in  that  case  the  tribunal  declares  it 
by  a judicial  order. 


534 


CONSTITUTION  OF  1848 


82.  The  jury  shall  continue  to  be  employed  in  criminal 
trials. 

83.  Jurisdiction  over  all  political  offences  and  all  offences 
committeed  by  means  of  the  press  belongs  exclusively  to  the 
jury. 

Organic  laws  shall  determine  the  jurisdiction  in  the  ntatter 
of  criminal  libels  against  individuals. 

84.  The  jury  alone  decides  upon  the  damages  claimed  for 
acts  or  offences  of  the  press'. 

85.  The  justices  of  the  peace  and  their  substitutes,  the 
judges  of  first  instance  and  of  appeal,  the  members  of  the 
Court  of  Cassation  and  the  Court  of  Accounts  are  appointed 
by  the  President  of  the  Republic,  according  to  an  order  of 
candidature  or  conditions  which  shall  be  regulated  by  or- 
ganic laws. 

86.  The  magistrates  of  the  public  ministry  are  appointed 
by  the  President  of  the  Republic. 

87.  The  judges  of  first  instance  and  of  appeal,  the  mem- 
bers of  the  Court  of  Cassation  and  of  the  Court  of  Accounts 
are  appointed  for  life. 

They  cannot  be  dismissed  or  suspended  except  by  a ju- 
dicial order,  nor  retired  except  for  the  causes  and  in  the 
forms  determined  by  the  laws. 

88.  The  councils  of  war  and  of  revision  for  the  army  ana 
navy,  the  maritime  tribunals,  the  tribunals  of  commerce,  the 
trade  councils  and  other  special  tribunals  retain  their  or- 
ganization and  existing  prerogatives  until  they  have  been 
altered  by  a law. 

89.  Conflicts  of  jurisdiction  between  the  administrative 
and  judicial  authorities  shall  be  regulated  by  a special  tribunal 
of  members  of  the  Court  of  Cassation  and  Councillors  of 
State,  selected  every  three  years  in  equal  number  by  their 
respective  bodies. 

This  tribunal  shall  be  presided  over  by  the  Minister  of 
Justice. 

90.  Appeals  for  lack  of  jurisdiction  and  excess  of  power 
against  the  decrees  of  the  Court  of  Accounts  shall  be  car- 
ried before  the  magistracy  of  conflicts. 

91.  A High  Court  of  Justice  decides,  without  appeal  or 


CONSTITUTION  OF  1848 


535 


recourse  in  cassation,  the  accusation  brought  by  the  National 
Assembly  against  the  President  of  the  Republic  or  the  min- 
isters. 

It  likewise  tries  all  persons  accused  of  crimes,  attempts 
or  conspiracies  against  the  internal  or  external  (security  of 
the  State,  whom  the  National  Assembly  shall  have  sent  before 
it. 

Except  in  the  case  provided  for  by  article  68,  it  cannot 
be  assembled  except  by  virtue  of  a decree  of  the  National 
Assembly,  which  designates  the  city  where  the  court  shall 
hold  its  sittings. 

92.  The  High  Court  is  composed  of  five  judges  and  thirty- 
six  jurors. 

Each  year,  within  the  first  fifteen  days  of  the  month  of 
November,  the  Court  of  Cassation  appoints  from  among  its 
members  by  secret  ballot  and  majority  vote  the  judges  of 
the  High  Court,  to  the  number  of  five,  and  two  substitutes. 
The  five  judges  called  to  sit  choose  their  own  president. 

The  magistrates  filling  the  functions  of  the  public  ministry 
are  selected  by  the  President  of  the  Republic,  and,  in  case  of 
the  accusation  of  the  President  -w  the  ministers,  by  the 
National  Assembly. 

The  jurors,  to  the  number  of  thirty-six,  and  four  sub- 
stitute jurors,  are  taken  from  among  the  members  of  the 
councils-general  of  the  departments. 

The  representatives  of  the  people  cannot  form  part  of  them. 

93.  When  a decree  of  the  National  Assembly  has  ordered 
the  formation  of  the  High  Court  of  Justice,  and,  in  the  case 
provided  for  by  article  68  upon  the  requisition  of  the  pres- 
ident or  of  one  of  the  judges,  the  president  of  the  Court  of 
Appeal,  and,  in  default  of  the  Court  of  Appeal,  the  president 
of  the  tribunal  of  first  instance  of  the  judicial  head-town  of 
the  department,  draws  by  lot  in  public  audience  the  name  of  a 
member  of  the  council-general. 

94.  Upon  the  day  appointed  for  the  trial  if  there  are  less 
than  sixty  jurors  present,  that  number  shall  be  completed  by 
supplementary  jurors  drawn  by  lot  by  the  president  of  the 
High  Court  from  among  the  members  of  the  council-general 
of  the  department  in  which  the  court  shall  sit. 


536 


CONSTITUTION  OP  1848 


95.  Jurors  who  shall  not  have  furnished  a valid  excuse 
shall  be  condemned  to  a fine  of  from  one  thousand  to  ten 
thousand  francs,  and  deprivation  of  political  rights  for  five 
years  at  most. 

96.  The  accused  and  the  public  prosecutor  exercise  the 
right  of  challenge  as  in  other  cases. 

97.  The  verdict  of  the  jury  that  the  accused  is  guilty  can 
be  rendered  only  by  a two-thirds  majority. 

98.  In  all  cases  of  responsibility  of  the  ministers,  the 
National  Assembly  can,  according  to  circumstances,  send  the 
accused  minister  before  the  High  Court  of  Justice  or  before 
the  ordinary  tribunals  for  civil  damages. 

99.  The  National  Assembly  and  the  President  of  the 
Republic  can  in  all  cases  turn  over  the  examination  of  the 
acts  of  any  officer,  other  than  the  President  of  the  Republic, 
to  the  Council  of  State,  whose  report  is  made  public. 

100.  The  President  of  the  Republic  is  amenable  only  to 
the  High  Court  of  Justice. 

With  the  exception  of  the  case  provided  for  by  article  68, 
he  cannot  be  prosecuted  except  upon  the  accusation  brought 
by  the  National  Assembly,  and  for  crimes  and  offences  which 
shall  be  determined  by  law. 

CHAPTER  IX.  OF  THE  PUBLIC  FORCES. 

101.  The  public  forces  are  established  to  defend  the  State 
against  its  enemies  abroad  and  to  secure  within  the  mainte- 
nance of  order  and  the  execution  of  the  laws. 

It  is  composed  of  the  National  Guard  and  of  the  army  and 
the  navy. 

102.  Every  Frenchman,  with  the  exceptions  fixed  by  law, 
owes  service  to  the  army  and  the  National  Guard. 

The  means  by  which  a citizen  may  be  freed  from  personal 
military  service  .shall  be  regulated  by  the  law  of  recruiting. 

103.  The  organization  of  the  National  Guard  and  the 
constitution  of  the  army  shall  be  regulated  by  law. 

104.  The  public  forces  are  of  necessity  obedient. 

No  armed  body  can  deliberate. 

105.  The  public  forces  employed  to  preserve  internal  order 
act  only  upon  the  requisition  of  the  constituted  authorities, 
according  to  the  regulations  determined  by  the  legislative 
power. 


CONSTITUTION  OF  1S48 


537 


106.  A law  shall  determine  the  cases  in  which  the  state 
of  siege  can  be  declared  and  shall  regulate  the  forms  ands con- 
sequences of  that  measure. 

107.  No  foreign  troops  can  be  introduced  upon  French 
soil,  without  the  previous  consent  of  the  National  Assembly. 

CHAPTER  X.  SPECIAL  PROVISIONS. 

108.  The  Legion  of  Honor  is  retained;  its  statutes  shall 
be  revised  and  put  in  harmony  with  the  Constitution. 

109.  The  territory  of  Algeria  and  of  the  colonies  is  de- 
clared to  be  French  territory,  and  shall  be  ruled  by  separate 
laws  until  a special  law  places  them  under  the  regime  of 
the  present  Constitution. 

no.  The  National  Assembly  confides  the  safe-keeping  of 
the  present  Constitution,  and  the  rights  which  it  consecrates, 
to  the  guardianship  and  patriotism  of  all  the  French. 

CHAPTER  XI.  OF  THE  REVISION  OF  THE  CONSTITUTION. 

in.  Whenever,  in  the  last  year  of  a legislature,  the  Na- 
tional Assembly  shall  have  expressed  the  wish  that  the  Con- 
stitution should  be  altered  in  whole  or  in  part,  such  revision 
shall  proceed  in  the  following  manner : 

The  wish  expressed  by  the  Assembly  shall  be  converted 
into  a definitive  decision  only  after  three  consecutive  consid- 
erations, taken  at  intervals  of  a month  each,  and  by  three- 
fourths  of  the  votes  cast.  The  number  of  voters  must  be  at 
least  five  hundred. 

The  Assembly  of  Revision  shall  be  appointed  only  for 
three  months. 

It  must  occupy  itself  only  with  the  revision  for  which  it 
shall  have  been  convoked. 

Nevertheless,  it  can,  in  case  of  urgency,  provide  for  nec- 
essary legislation. 

CHAPTER  XII.  TEMPORARY  PROVISIONS. 

1 12.  The  provisions  of  the  existing  codes,  laws  and  regu- 
lations, which  are  not  in  conflict  with  the  present  Constitu- 
tion, remain  in  force  until  they  are  legally  altered. 

1 13.  All  the  authorities  constituted  by  the  existing  laws 
continue  in  the  exercise  of  their  functions  until  the  promul- 
gation of  organic  laws  affecting  them. 

1 14.  The  law  for  the  organization  of  the  judiciary  shall 


538 


THE  COUP  D’ETAT 


determine  the  special  method  of  appointment  for  the  first 
composition  of  the  new  tribunals. 

1 15.  After  the  vote  upon  the  Constitution,  the  National 
Constituent  Assembly  shall  proceed  to  frame  the  organic  laws 
whose  drafting  shall  be  determined  by  a special  law. 

1 16.  The  first  election  of  the  President  of  the  Republic 
shall  occur  in  conformity  with  the  special  law  passed  by  the 
National  Assembly,  October  28,  1848. 


111.  Documents  upon  the  Coup  d’Etat  of  December  2,  1851. 


These  documents  throw  light  upon  many  features  of  the  coup 
d'etat  of  December  2,  1851,  and  the  plebiscite  which  followed  it. 
Among  the  features  that  call  for  notice  are:  (11  the  official  ex- 
planation of  the  events  and  conditions  which  had  led  up  to  the 
coup  d’etat;  (2)  the  inducements  offered  in  order  to  procure  ac- 
quiescence or  approval  ; (3)  the  fundamental  principles  of  the  gov- 
ernment about  to  be  established;  (4)  the  change  effected  in  the 
original  scheme  for  conducting  the  plebiscite.  All  of  these  docu- 
ments were  signed,  Louis-Napoleon. 

References.  Fyffe,  Modern  Europe,  III,  171-177  (Popular  ed., 
817-823)  : Seignobos,  Europe  Since  1811 ),  170-172;  Andrews,  Mod- 
ern Europe,  II,  27-37  ; Dickinson,  Revolution  and  Reaction  in  Mod- 
ern France,  212-218  ; Lavisse  and  Rambaud,  Histoire  Generate,  XI, 
32-35. 

A.  Decree  for  Dissolving  the  National  Assembly.  Decem- 
ber 2,  1851.  Duvergier,  Lois,  LI,  475. 

The  President  of  the  Republic  decrees ; 

1.  The  National  Assembly  is  dissolved. 

2.  Universal  suffrage  is  re-established.  The  law  of  May 
31  is  abrogated. 

3.  The  French  people  are  convoked  in  their  assemblies 
from  December  14  to  December  21  following. 

4.  The  state  of  siege  is  decreed  within  the  extent  of  the 
1st  military  division. 

5.  The  Council  of  State  is  dissolved. 

6.  The  Minister  of  the  Interior  (M.  de  Moray)  is 
charged,  etc. 

B.  Proclamation  to  the  People.  December  2,  1851.  Du- 
vergier, Lois , LI,  475-476. 


THE  COUP  D'ETAT 


531 

Frenchmen ! 

The  present  situation  cannot  last  much  longer.  Each  day 
that  passes  increases  the  dangers  of  the  country.  The  As- 
sembly, which  ought  to  be  the  firmest  support  of  order,  has 
become  a centre  of  conspiracies.  The  patriotism  of  three 
hundred  of  its  members  was  not  able  to  arrest  its  fatal  ten- 
dencies. Instead  of  making  laws  in  the  general  interest,  it 
forges  weapons  for  civil  war ; it  makes  an  attack  upon  the 
authority  that  I hold  directly  from  the  people ; it  encourages 
all  the  evil  passions;  it  puts  in  jeopardy  the  repose  of  France: 
I have  dissolved  it,  and  I make  the  whole  people  judge  be- 
tween it  and  me. 

The  Constitution,  as  you  know,  was  made  with  the  pur- 
pose of  weakening  in  advance  the  power  that  you  were  about 
to  confer  upon  me.  Six  million  votes  were  a striking  protest 
against  it,  nevertheless  I faithfully  observed  it.  Provoca- 
tions, calumnies,  outrages,  have  found  me  unmoved.  But  now 
that  the  fundamental  compact  is  no  longer  respected  even 
by  those  who  incessantly  invoke  it,  and  the  men  who  have 
already  destroyed  two  monarchies  wish  to  bind  my  hands,  in 
order  to  overthrow  the  Republic,  it  is  my  duty  to  defeat  their 
wicked  designs  and  to  save  the  country  by  invoking  the  sol- 
emn judgment  of  the  only  sovereign  that  I recognize  in  France, 
the  people. 

I make,  therefore,  a loyal  appeal  to  the  whole  nation,  and 
I say  to  you : If  you  wish  to  continue  this  state  of  uneasiness 
which  degrades  us  and  makes  uncertain  our  future,  choose 
another  in  my  place,  for  I no  longer  wish  an  authority  which 
is  powerless  to  do  good,  makes  me  responsible  for  acts  I 
cannot  prevent,  and  chains  me  to  the  helm  when  I see  the 
vessel  ’speeding  toward  the  abyss. 

If,  on  the  contrary,  you  still  have  confidence  in  me,  give 
me  the  means  to  accomplish  the  great  mission  that  I hold 
from  you. 

This  mission  consists  in  bringing  to  a close  the  era  of 
revolutions  by  ’satisfying  the  legitimate  wants  of  the  people 
and  by  protecting  them  against  subversive  passions.  It  con- 
sists, especially,  in  creating  institutions  that  may  survive  men 


540 


THE  COUP  D'ETAT 


and  that  may  be  at  length  foundations  upon  which  something 
durable  can  be  established. 

Persuaded  that  the  instability  of  authority  and  the  pre- 
ponderance of  a single  Assembly  are  permanent  causes  of 
trouble  and  discord,  I submit  to  you  the  following  funda- 
mental bases  of  a Constitution  which  the  Assemblies  will 
develop  later. 

ist.  A responsible  chief  selected  for  ten  years; 

2d.  Ministers  dependent  upon  the  executive  power  alone ; 

3d.  A Council  of  State  composed  of  the  most  distinguished 
men  to  prepare  the  laws  and  to  discuss  them  before  the  leg- 
islative body ; 

4th.  A legislative  body  to  discuss  and  vote  the  laws, 
elected  by  universal  suffrage  without  scrutin  de  liste  which 
falsifies  the  election; 

5th.  A second  assembly,  composed  of  all  the  illustrious 
persons  of  the  country,  predominant  authority,  guardian  of 
the  fundamental  compact  and  of  the  public  liberties. 

This  system,  created  by  the  First  Consul  at  the  beginning 
of  the  century,  has  already  given  to  France  repose  and  pros- 
perity; it  will  guarantee  them  to  her  again. 

Such  is  my  profound  conviction.  If  you  share  it,  declare 
the  fact  by  your  votes.  If,  on  the  contrary,  you  prefer  a gov- 
ernment without  force,  monarchical  or  republican,  borrowed 
from  I know  not  what  past  or  from  what  chimerical  future, 
reply  in  the  negative. 

Thus,  therefore,  for  the  first  time  since  1804,  you  will  vote 
with  knowledge  of  the  case,  knowing  well  for  whom  and  for 
what. 

If  I do  not  obtain  a majority  of  your  votes  I shall  then 
bring  about  the  meeting  of  a new  Assembly,  and  I shall 
resign  to  it  the  mandate  that  I have  received  from  you. 

But  if  you  believe  that  the  cause  of  which  my  name  is 
the  symbol,  that  is,  France  regenerated  by  the  revolution  of  ’89 
and  organized  by  the  Emperor,  is  always  yours,  proclaim  it 
by  sanctioning  the  powers  that  I ask  of  you. 

Then  France  and  Europe  will  be  preserved  from  anarchy, 
obstacles  will  be  removed,  rivalries  will  have  disappeared,  for 
all  will  respect,  in  the  decision  of  the  people,  the  decree  of 
Providence. 


THE  COUP  D’ETAT 


54t 


C.  Proclamation  to  the  Army.  December  2,  1851.  Du- 
vergier,  Lois,  LI,  476. 

Soldiers ! 

Be  proud  of  your  mission,  you  shall  save  the  fatherland,  for 
I count  upon  you,  not  to  violate  the  laws  but  to  make  respected 
the  first  law  of  the  country,  the  national  sovereignty,  of 
which  I am  the  legitimate  representative. 

For  a long  time  you  suffered,  as  I did,  from  obstacles  that 
opposed  themselves  to  both  the  good  which  I wished  to  do  for 
you  and  the  demonstrations  of  your  sympathy  in  my  favor. 
Those  obstacles  are  broken  to  pieces.  The  Assembly  sought  to 
make  an  attack  upon  the  authority  that  I hold  from  the 
entire  nation : it  has  ceased  to  exist. 

I make  a loyal  appeal  to  the  people  and  the  army,  and  I 
say  to  them : Either  give  me  the  means  to  assure  your  pros- 
perity, or  choose  another  in  my  place. 

In  1830,  as  in  1848,  you  were  treated  as  vanquished.  After 
having  flouted  your  heroic  disinterestedness  they  disdain  to 
consult  your  sympathies  and  views,  although  you  are  the 
elite  of  the  nation.  To-day,  in  this  solemn  moment,  I desire 
that  the  army  should  make  its  voice  heard. 

Vote,  then,  freely  as  citizens;  but  as  soldiers,  do  not  forget 
that  passive  obedience  to  the  orders  of  the  head  of  the  gov- 
ernment is  the  strict  duty  of  the  army,  from  the  general  to 
the  soldier.  It  is  for  me,  responsible  for  my  actions  before 
the  people  and  posterity,  to  take  the  measures  that  seem  to  me 
indispensable  for  the  public  welfare. 

As  for  you,  remain  steadily  within  the  rules  of  discipline 
and  honor.  By  your  impressive  attitude  help  the  country  to 
express  its  will  with  calmness  and  reflection.  Be  ready  to 
put  down  every  attempt  against  the  free  exercise  of  the  sov- 
ereignty of  the  people. 

Soldiers,  I do  not  speak  to  you  of  the  memories  that  my 
name  recalls.  They  are  graven  upon  your  hearts.  We  are 
united  b}r  indissoluble  ties.  Your  history  is  mine.  For  the 
past,  there  is  between  us  community  of  glory  and  misfortune; 
for  the  future,  there  will  be  community  of  sentiments  and 
resolutions  for  the  repose  and  grandeur  of  France. 


THE  COUP  D’ETAT 


542 

D.  First  Decree  for  the  Plebiscite.  December  2,  1851. 
Duvergier,  Lois,  LI,  476-477. 

The  President  of  the  Republic,  considering  that  sovereignty 
resides  in  the  whole  body  of  citizens,  and  that  no  fraction  of 
the  people  can  assume  for  itself  the  exercise  of  it ; in  view  of 
the  laws  and  regulations  which  have  hitherto  regulated  the 
mode  of  appeal  to  the  people,  and  especially  the  decrees  of 
5 Fructidor,  Year  III,  24  and  25  Frimaire,  Year  VIII,  the 
regulation  of  20  Floreal,  Year  X,  the  senatus-consultum  of 
28  Floreal,  Year  XII,  decrees  : 

1.  The  French  people  are  solemnly  summoned  in  their 
assemblies  for  the  fourteenth  of  the  present  month  of  Decem- 
ber, in  order  to  accept  or  reject  the  following  plebiscite: 

“The  French  people  desire  the  maintenance  of  the  author- 
ity of  Louis-Napoleon  Bonaparte,  and  delegate  to  him  the 
necessary  powers  in  order  to  make  a Constitution  upon  the 
bases  proposed  in  his  proclamation  of  December  2.” 

2.  All  Frenchmen  twenty-one  years  of  age  and  enjoying 
their  civil  and  political  rights  are  summoned  to  vote. 

3.  Upon  receipt  of  the  present  decree,  the  mayors  of 
every  commune  shall  open  two  registers  upon  free  paper,  one 
of  acceptance,  the  other  of  non-acceptance  of  the  plebiscite. 

E.  Second  Decree  for  the  Plebiscite.  December  4,  185T. 
Duvergier,  Lois,  LI,  479. 

The  President  of  the  Republic,  considering  that  the  mode 
of  election  promulgated  by  the  decree  of  the  second  of  De- 
cember had  been  adopted  under  other  circumstances  as  guar- 
anteeing the  sincerity  of  election ; but  considering  that  the 
secret  ballot  actually  carried  out  appears  to  better  guarantee 
the  independence  of  the  votes ; considering  that  the  essential 
object  of  the  decree  of  the  second  of  December  is  to  obtain 
the  sincere  and  free  expression  of  the  will  of  the  people, 
decrees : 

Articles  2,  3 and  4 of  the  decree  of  the  second  of  Decem- 
ber are  modified  as  follows : 


THE  COUP  D’ETAT 


543 


Article  2.  The  election  shall  take  place  by  universal  suf- 
frage. All  Frenchmen  twenty-one  years  of  age  and  enjoy- 
ing their  civil  and  political  rights  are  called  upon  to  vote. 

Article  4.  The  ballot  shall  be  open  during  the  days  of  the 
twentieth  and  twenty-first  of  December,  in  the  head-town  of 
each  commune,  from  eight  a.  m.  to  four  p.  m.  The  voting 
shall  be  by  secret  ballot,  yes  or  no,  by  means  of  a written  or 
printed  vote. 

F.  Election  Appeal.  December  8,  1851.  Duvergier,  Lois, 
LI,  479-480. 


Frenchmen ! 

The  disturbances  are  pacified.  Whatever  may  be  the  de- 
cision of  the  people,  society  is  saved.  The  first  part  of  nry 
task  is  accomplished.  I know  that  the  appeal  to  the  nation, 
in  order  to  terminate  the  conflict  of  parties,  did  not  cause 
any  serious  risk  to  the  public  tranquility. 

Why  should  the  people  rise  against  me? 

If  I no  longer  possess  your  confidence,  if  your  ideas  have 
changed,  there  is  no  need  to  shed  precious  blood ; it  suffices 
to  deposit  in  the  urn  a contrary  vote. 

I shall  always  respect  the  decision  of  the  people. 

But  until  the  nation  shall  have  spoken,  I shall  not  recoil 
before  any  effort  rior  before  any  sacrifice  in  order  to  defeat 
the  attempts  of  the  factions.  This  task,  moreover,  is  made 
easy  for  me. 

On  the  one  hand,  it  has  been  seen  how  insensate  it  is 
to  struggle  against  an  army  united  by  the  ties  of  discipline  and 
animated  by  the  sentiment  of  military  honor  and  by  devotion 
to  the  fatherland. 

On  the  other  hand,  the  calm  attitude  of  the  inhabitants 
of  Paris,  the  reprobation  with  which  they  have  stigmatized  the 
riot,  have  testified  decisively  enough  for  whom  the  capital 
pronounces : 

In  those  populous  quarters,  where  but  lately  insurrection 
recruited  itself  so  quickly  among  the  workingmen  susceptible 
to  its  allurements,  anarchy  this  time  was  able  to  encounter 
only  a profound  repugnance  for  those  detestable  excitements. 


544 


CONSTITUTION  OP  1852 


Let  thanks  for  this  be  rendered  to  the  intelligent  and  patri- 
otic population  of  Paris ! Let  it  persuade  itself  more  and  mor« 
that  my  only  ambition  is  to  assure  the  repose  and  prosperity 
of  France. 

Let  it  continue  to  lend  its  assistance  to  authority,  and  soon 
the  country  will  be  able  to  carry  through  with  calmness  the 
solemn  act  which  must  inaugurate  a new  era  for  the  Republic. 


112.  Constitution  of  1852. 


January  14,  1852.  Duvergier,  Lois , LII,  19-27. 

This  constitution  was  prepared  and  promulgated  by  Louis  Na- 
poleon in  conformity  with  the  authorisation  given  him  by  the  ple- 
biscite of  December  20,  1851  (see  No.  Ill  D).  As  a whole  it 
should  be  compared  with  its  model,  the  Constitution  of  the  Year 
VIII  (No.  58).  Numerous  features  of  it  may  also  be  compared 
with  the  preceding  constitutions,  especially  those  of  1802,  1804, 
1830  and  1S48  (Nos.  6G  E,  70,  105,  110).  Features  of  it  which 
seem  to  indicate  a speedy  reappearance  of  the  Empire  should  be 
particularly  noticed. 

References.  Seignobos,  Europe  Since  181k,  171-172  ; Andrews, 
Modern  Europe,  II,  151-153;  Dickinson,  Revolution  and  Reaction 
in  Modern  France,  22S-229  : Lavisse  and  Eambaud,  Histoire  Gen- 
erate, XI,  35. 


The  President  of  the  Republic, 

Considering  . . . [The  omitted  paragraphs  recite  the 
resolution  submitted  to  the  people,  and  the  five  bases 
for  a constitution  accepted  at  the  same  time,  see  p.  540]  ; 

Considering  that  the  people  have  responded  in  the  affirm- 
ative by  seven  million  one  hundred  thousand  votes, 

Promulgates  the  Constitution  of  which  the  tenor  follows : 
title  1. 

1.  The  Constitution  recognizes,  confirms  and  guarantees 
the  great  principles  proclaimed  in  17S9,  and  which  are  the 
basis  of  the  public  law  of  the  French. 

TITLE  II.  FORM  OF  THE  GOVERNMENT  OF  THE  REPUBLIC. 

2.  The  government  of  the  French  Republic  is  confided 
for  ten  years  to  Prince  Louis-Napoleon  Bonaparte,  now  Pres- 
ident of  the  Republic. 

3.  The  President  of  the  Republic  governs  by  means  of  the 


CONSTITUTION  OF  1852 


545 


ministers,  the  Council  of  State,  the  Senate  and  the  Corps- 
Legislatif. 

4.  The  legislative  power  is  exercised  by  the  President  of 
the  Republic,  the  Senate,  and  the  Corps-Legislatif  collectively. 

TITLE  III.  OF  THE  PRESIDENT  OF  THE  REPUBLIC 

5.  The  President  of  the  Republic  is  responsible  before  the 
French  people,  to  whom  he  has  always  the  right  to  make  ap- 
peal. 

6.  The  President  of  the  Republic  is  the  Head  of  the 
State;  he  commands  the  land  and  sea  forces,  declares  war, 
makes  treaties  of  peace,  alliance  and  commerce,  appoints  to  all 
the  offices,  and  makes  the  regulations  and  decrees  necessary 
for  the  execution  of  the  laws. 

7.  Justice  is  . administered  in  his  name. 

8.  He  alone  has  the  proposal  of  the  laws. 

9.  He  has  the  right  to  grant  pardons. 

10.  He  sanctions  and  promulgates  the  laws  and  the  sen- 
atus-consulta. 

11.  He  presents  every  year  to  the  Senate  and  the  Corps- 
Legislatif,  by  a message,  the  condition  of  the  affairs  of  the 
Republic. 

12.  He  has  the  right  to  declare  the  state  of  siege  in  one 
or  several  departments,  provided  that  he  reports  it  to  the 
Senate  with  the  least  possible  delay. 

The  results  of  the  state  of  siege  are  regulated  by  law. 

13.  The  ministers  are  subject  to  the  Head  of  the  State 
only;  they  are  not  responsible  for  the  acts  of  the  government 
except  each  in  that  which  concerns  him ; there  is  no  solidarity 
among  them ; they  can  be  accused  only  by  the  Senate. 

14.  The  ministers,  the  members  of  the  Senate,  the  Corps- 
Legislatif,  the  Council  of  State,  the  officers  of  the  army 
and  the  navy,  the  magistrates  and  the  public  functionaries 
take  the  following  oath : 

I swear  obedience  to  the  Constitution  and  fidelity  to  the 
President. 

15.  A senatus-consultum  fixes  the  sum  annually  allowed 
to  the  President  of  the  Republic  for  the  entire  duration  of  his 
functions. 

16.  If  the  President  of  the  Republic  dies  before  the  ex- 
18 


546 


CONSTITUTION  OE1  1852 


piration  of  his  commission,  the  Senate  convokes  the  nation 
in  order  to  proceed  to  a new  election. 

17.  The  Head  of  the  State  has  the  right,  by  a secret  act 
deposited  in  the  archives  of  the  Senate,  to  designate  the  name 
of  the  citizen  whom  he  recommends,  in  the  interest  of  France, 
to  the  confidence  of  the  people  and  for  their  votes. 

18.  Until  the  election  of  the  new  President  of  the  Republic, 
the  President  of  the  Senate  “governs  with  the  assistance  of  the 
ministers  in  office,  who  organize  themselves  into  a council  of 
government  and  act  by  the  majority  of  votes. 

TITLE  IV.  OF  THE  SENATE. 

19.  The  number  of  senators  cannot  exceed  one  hundred 
and  fifty : it  is  fixed  for  the  first  year  at  eighty. 

20.  The  Senate  is  composed:  1st,  of  the  cardinals,  mar- 
shals and  admirals ; 2d,  of  the  citizens  whom  the  President  of 
the  Republic  sees  fit  to  elevate  to  the  dignity  of  senator. 

21.  The  senators  are  irremovable  and  for  life. 

22.  The  services  of  a senator  are  gratuitous ; nevertheless 
the  President  of  the  Republic  can  grant  to  senators,  by  reason 
of  services  rendered  and  the  condition  of  their  fortunes,  a per- 
sonal allowance,  which  cannot  exceed  thirty  thousand  francs 
per  annum. 

23.  The  President  and  the  Vice-Presidents  of  the  Senate 
are  appointed  by  the  President  of  the  Republic  and  are  chosen 
from  among  the  senators. 

They  are  appointed  for  one  year. 

The  stipend  of  the  President  of  the  Senate  is  fixed  by  a 
decree. 

24.  The  President  of  the  Republic  convokes  and  pro- 
rogues the  Senate.  He  fixes  the  duration  of  its  sessions  by 
a decree. 

The  sittings  of  the  Senate  are  not  public. 

25.  The  Senate  is  the  guardian  of  the  fundamental  com- 
pact and  of  the  public  liberties.  No  law  can  be  promulgated 
until  after  having  been  submitted  to  it. 

26.  The  Senate  opposes  the  promulgation, 

1st.  Of  laws  which  contravene  or  constitute  an  attack  upon 
the  Constitution,  religion,  morality,  freedom  of  worship,  per- 
sonal liberty,  equality  of  the  citizens  before  the  law,  the  in- 


CONSTITUTION  OF  1852 


547 


violability  of  property  and  the  principle  of  the  irremovability  of 
the  magistracy ; 

2d.  Of  those  which  can  compromise  the  defence  of  the  ter- 
ritory. 

27.  The  Senate  regulates  by  a senatus-consultum ; 

1st.  The  Constitution  of  the  colonies  and  of  Algeria; 

2d.  Everything  that  has  not  been  provided  for  by  the  Con- 
stitution and  which  is  necessary  for  its  operation ; 

3d.  The  meaning  of  the  articles  of  the  Constitution  which 
occasion  different  interpretations. 

28.  These  senatus-consulta  shall  be  submitted  to  the  sanc- 
tion of  the  President  of  the  Republic  and  shall  be  promulgated 
by  him. 

29.  The  Senate  allows  or  annuls  all  the  acts  which  are  sub- 
mitted to  it  by  the  Government  as  unconstitutional  or  are  de- 
nounced, for  the  same  reason,  by  the  petitions  of  citizens. 

30.  The  Senate  can,  in  a report  addressed  to  the  President 
of  the  Republic,  propose  the  bases  of  proposals  for  laws  of 
great  national  interest. 

31.  It  can  likewise  propose  alterations  in  the  Constitution. 
If  the  proposal  is  adopted  by  the  executive  power,  it  is  en- 
acted by  a senatus-consultum. 

32.  Nevertheless  every  alteration  in  the  fundamental  bases 
of  the  Constitution,  as  they  have  been  'set  forth  in  the  procla- 
mation of  December  2 [1851],  and  adopted  by  the  French  peo- 
ple, shall  be  submitted  to  universal  suffrage. 

33.  In  case  of  the  dissolution  of  the  Corps-Legislatif,  and 
until  a new  convocation,  the  Senate,  upon  the  proposal  of  the 
President  of  the  Republic,  provides  by  measures  of  urgency 
for  whatever  is  necessary  for  the  operation  of  the  Government. 

TITLE  V.  OF  THE  CORPS-LEGISLATIF. 

34.  Population  is  the  basis  for  elections. 

35.  There  shall  be  one  deputy  to  the  Corps-Legislatif  for 
every  thirty-five  thousand  electors. 

36.  The  deputies  are  elected  by  universal  suffrage  with- 
out scrutin  de  liste. 

37.  They  do  not  receive  any  stipend. 

38.  They  are  selected  for  six  years. 

39.  The  Corps-Legislatif  discusses  and  votes  upon  propos- 
als for  laws  and  upon  taxation. 


S4§ 


CONSTITUTION  OF  1852 


40.  Every  amendment  adopted  by  the  commission  charged 
to  examine  a proposal  for  a law  shall  be  sent  back,  without 
discussion,  to  the  Council  of  State  by  the  President  of  the 
Corps-Legislatif. 

If  the  amendment  is  not  adopted  by  the  Council  of  State, 
it  cannot  be  submitted  to  the  consideration  of  the  Corps-Legis- 
latif. 

41.  The  regular  sessions  of  the  Corps-Legislatif  continue 
for  three  months;  its  sittings  are  public;  but  the  request  of 
five  members  is  sufficient  for  it  to  form  itself  into  secret  com- 
mittee. 

42.  The  report  of  the  sessions  of  the  Corps-Legislatif  by 
newspapers  or  any  other  means  of  publication  shall  consist 
only  in  the  reproduction  of  the  minutes  drawn  up  at  the  close- 
of  each  session  under  the  direction  of  the  President  of  the 
Corps-Legislatif. 

43.  The  president  and  the  Vice-Presidents  of  the  Corps- 
Legislatif  are  appointed  by  the  President  of  the  Republic  for 
one  year ; they  are  chosen  from  among  the  deputies.  The 
stipend  of  the  President  of  -the  Corps-Legislatif  is  fixed  by  a 
decree. 

44.  The  ministers  cannot  be  members  of  the  Corps-Legis- 
latif. 

45.  The  right  of  petition  is  exercised  before  the  Senate. 
No  petition  can  be  addressed  to  the  Corps-Legislatif. 

46.  The  President  of  the  Republic  convokes,  adjourns, 
prorogues  and  dissolves  the  Corps-Legislatif.  In  case  of  dis- 
solution, the  President  of  the  Republic  must  convoke  it  anew 
within  a period  of  six  months. 

TITLE  VI.  OF  THE  COUNCIL  OF  STATE. 

47.  The  number  of  Councillors  of  State  in  regular  service 
is  from  forty  to  fifty. 

48.  The  Councillors  of  State  are  appointed  by  the  Pres- 
ident of  the  Republic,  and  are  dismissible  by  him. 

49.  The  Council  of  State  is  presided  over  by  the  President 
of  the  Republic,  and  in  his  absence  by  the  person  whom  he 
designates  as  Vice-President  of  the  Council  of  State. 

50.  The  Council  of  State  is  charged,  under  the  direction 
of  the  President  of  the  Republic,  to  draw  up  the  proposals 


CONSTITUTION  OF  1852 


549 


for  laws  and  the  regulations  for  public  administration,  and 
to  settle  the  difficulties  that  arise  in  affairs  of  administration. 

51.  It  carries  qn,  in  the  name  of  the  Government,  the  dis- 
cussion of  the  proposals  for  laws  before  the  Senate  and  Corps- 
Legislatif. 

The  Councillors  of  State  charged  to  speak  in  the  name  of 
the  Government  are  designated  by  the  President  of  the  Re- 
public. 

52.  The  salary  of  each  Councillor  of  State  is  twenty-five 
thousand  francs. 

53.  The  ministers  have  rank,  sitting  and  deliberative  voice 
in  the  Council  of  State. 

TITLE  VII.  OF  THE  HIGH  COURT  OF  JUSTICE. 

54.  A High  Court  of  Justice  tries,  without  appeal  or  re- 
course in  cassation,  all  persons  who  have  been  sent  before  it 
as  accused  of  crimes,  attempts  or  conspiracies  against  the  Pres- 
ident of  the  Republic  and  against  the  internal  or  external  se- 
curity of  the  state. 

It  can  be  called  in  session  only  in  virtue  of  a decree  of  the 
President  of  the  Republic. 

55.  A senatus-consultum  shall  determine  the  organization 
of  this  H igh  Court. 

TITLE  VIII.  GENERAL  AND  TEMPORARY  PROVISIONS. 

56.  The  provisions  of  the  existing  codes,  laws  and  reg- 
ulations, which  are  not  contrary  to  the  present  Constitution, 
remain  in  force  until  they  may  be  legally  altered. 

57.  A law  shall  determine  the  municipal  organization.  The 
mayors  shall  be  appointed  by  the  executive  power  and  can 
be  taken  from  outside  of  the  municipal  council. 

58.  The  present  Constitution  shall  be  in  force  dating  from 
the  day  on  which  the  great  bodies  of  the  State  which  it  organ- 
izes shall  be  constituted. 

The  decrees  issued  by  the  President  of  the  Republic  from 
December  2,  1851,  to  the  present  time,  shall  have  the  force  of 
law. 

Done  at  the  Palace  of  the  Tuileries,  January  14,  1852. 

Signed,  Louis-Napoleon. 


550 


DECREE  UPON  THE  TRESS 


113.  Organic  Decree  upon  the  Press. 

February  17,  1852.  Duvergier,  Lois,  LII,  104-107. 

This  decree  is  important  as  a type  of  numerous  decrees  issued 
by  Louis  Napoleon  during  his  dictatorship  (December  2,  1851,  to 
March  29,  1852 ) and  because  the  press  regime  which  it  estab- 
lished remained  without  essential  change  until  1868.  The  system 
should  be  compared  with  those  of  the  First  Empire  (see  No.  86) 
and  of  the  Bourbon  Monarchy  (see  No.  101). 

Reference.  Seignobos,  Europe  Since  18H,  174. 

CHAPTER  I.  OF  THE  PRIOR  AUTHORISATION  AND  THE  CAUTION- 
MONEY  OF  NEWSPAPERS  AND  PERIODICAL  WORKS. 

1.  No  newspaper  or  periodical  work  treating  of  political 
matters  or  of  social  economy,  and  appearing  either  regularly 
and  at  a fixed  day  or  in  parts  and  irregularly,  can  be  pro- 
duced or  published  without  the  prior  authorisation  of  the 
government. 

This  authorisation  can  be  granted  only  to  a Frenchman  who 
has  reached  his  majority  and  enjoys  all  his  civil  and  political 
rights. 

The  prior  authorisation  of  the  government  shall  likewise 
be  necessary  for  all  changes  effected  in  the  personnel  of  the 
conductors,  editors-in-chief,  proprietors  or  administrators  of 
a newspaper. 

2.  Political  or  social  economy  newspapers  published  abroad 
cannot  circulate  in  France  except  by  virtue  of  an  authorisa- 
tion of  the  government. 

The  introducers  or  distributors  of  a foreign  newspaper 
whose  circulation  shall  not  have  been  authorised  shall  be  pun- 
ished by  an  imprisonment  of  from  one  month  to  one  year 
and  a fine  of  from  one  hundred  francs  to  five  thousand  francs. 

3.  The  proprietors  of  every  newspaper  or  periodical  work 
treating  of  political  matters  or  of  social  economy  are  required, 
before  its  publication,  to  pay  into  the  treasury  a caution- 
money  in  coin,  upon  which  interest  to  the  regular  amount  for 
caution- monies  shall  be  paid. 

4.  [This  article  fixes  the  amount  of  the  caution-money, 
varying  from  fifteen  to  fifty  thousand  francs.] 


DECREE  UPON  THE  PRESS 


5Si 


CHAPTER  II.  OF  THE  STAMP-DUTY  OF  PERIODICAL  JOURNALS. 

6.  Newspapers  or  periodical  works  and  periodical  collec- 
tions of  political  engravings  or  lithographs  of  less  than  ten 
sheets  of  twenty-five  to  thirty-two  square  decimeters  or  of 
less  than  five  sheets  of  fifty  to  seventy-two  square  decimeters 
shall  be  subject  to  a stamp-duty. 

This  duty  shall  be  six  centimes  per  sheet  of  seventy-two 
square  decimeters  or  less  in  the  departments  of  the  Seine 
and  of  Seine-et-Oise,  and  three  centimes  for  newspapers,  en- 
gravings or  periodical  works  published  anywhere  else. 


CHAPTER  III.  OFFENCES  AND  CONTRAVENTIONS  NOT  PROVIDED 
FOR  IN  PREVIOUS  LAWS.  . . . RIGHT  OF  SUSPENSION 

AND  SUPPRESSION. 

14.  Every  contravention  of  article  42  of  the  Constitution 
upon  the  publication  of  the  official  reports  of  the  sittings  of 
the  Corps-Legislatif  shall  be  punished  by  a fine  of  from  one 
thousand  to  five  thousand  francs. 

15.  The  publication  or  reproduction  of  false  news  and  of 
fabricated  items,  falsely  or  untruly  attributed  to  third  parties, 
shall  be  punished  by  a fine  of  from  fifty  to  one  thousand  francs. 

If  the  publication  or  reproduction  is  made  in  bad  faith, 
or  if  it  is  of  a nature  to  disturb  the  public  peace,  the  pen- 
alty shall  be  from  one  month  to  one  year  imprisonment  and 
a fine  of  from  five  hundred  to  one  thousand  francs.  The 
maximum  penalty  shall  be  applied  if  the  publication  or  repro- 
duction was  at  the  same  time  of  a nature  to  disturb  the  public 
peace  and  was  made  in  bad  faith. 

16.  Reporting  the  sittings  of  the  Senate  otherwise  than 
by  the  reproduction  of  the  articles  inserted  in  the  official  jour- 
nal is  forbidden. 

Reporting  the  sittings  of  the  Council  of  State  which  are 
not  public  is  forbidden. 

17.  Reporting  trials  for  press  offences  is  forbidden.  The 
prosecution  alone  can  be  announced ; in  every  case,  the  de- 
cision can  be  published. 

In  all  civil,  correctional  or  criminal  cases,  the  courts  and 
tribunals  can  forbid  the  reporting  of  the  trial.  This  inter- 


552 


DECREE  UPON  THE  PRESS 


diction  cannot  be  applied  to  the  decision,  which  can  always 
be  published. 

21.  The  publication  of  any  article  treating  of  political  mat- 
ters or  of  social  economy,  and  emanating  from  an  individual 
condemned  to  an  afflictive  and  infamous  punishment,  or  in- 
famous only,  is  forbidden. 


22.  No  designs,  no  engravings,  lithographs,  medals,  prints 
or  emblems,  of  any  nature  or  kind  whatsoever,  can  be  pub- 
lished, exposed  or  put  on  sale  without  the  prior  authorisation 
of  the  minister  of  police  at  Paris,  or  of  the  prefects  in  the 
departments. 


24.  Any  person  who  follows  the  business  of  bookseller 
without  having  obtained  the  warrant  required  by  article  11 
of  the  law  of  October  2,  1814,  shall  be  punished  by  a penalty 
of  from  one  month  to  two  years  imprisonment  and  a fine  of 
from  one  hundred  to  two  thousand  francs.  The  establishment 
shall  be  closed. 


32.  A condemnation  for  crime  committed  by  .means  of  the 
press,  two  condemnations  for  offences  or  contraventions  com- 
mitted within  the  space  of  two  years,  entails  ipso  facto 
suspension  or  the  suppression  of  the  newspaper. 

After  a condemnation  for  a press  contravention  or  offence 
pronounced  against  the  responsible  conductor  of  a newspaper, 
the  government  has  the  right,  during  the  two  months  which 
follow  that  condemnation,  to  pronounce  either  the  temporary 
suspension  or  the  suppression  of  the  newspaper. 

A newspaper  can  be  suspended  by  ministerial  decision,  even 
when  it  has  not  been  the  subject  of  any  condemnation,  after 
two  notices,  with  statements  of  reasons,  and  during  a time 
which  cannot  exceed  two  months. 

A newspaper  can  be  suppressed  either  after  a judicial  or 
administrative  suspension  or  by  measure  of  public  safety,  by 


EVOLUTION  OF  THE  EMPIRE 


553 


a special  decree  of  the  President  of  the  Republic,  published 
in  the  Bulletin  of  the  Laws. 


114.  Documents  upon  the  Evolution  of  the  Empire. 


These  documents  record  some  of  the  most  important  steps  in 
the  process  by  which  the  restoration  of  the  Empire  was  effected. 
Incidentally  they  also  throw  light  upon  many  other  features  of 
the  process.  Document  A is  the  speech  made  by  Louis  Napoleon 
at  the  inauguration  of  the  government  created  by  the  Constitution 
of  1852.  It  may  be  called  the  manifesto  of  the  reorganized  re- 
public. Document  B is  a type  of  the  hundreds  of  addresses  pre- 
sented during  the  course  of  his  famous  tour  in  southern  France 
in  September  and  October,  1852.  Document  C is  often  called  the 
manifesto  of  the  Empire.  Pronounced  by  Louis  Napoleon  at  the 
end  of  his  southern  tour,  it  contained  the  first  direct  intimation 
from  him  that  the  Empire  was  to  be  re-established,  and  outlined 
its  policy.  Document  D effected  the  necessary  changes  to  adapt 
the  Constitution  of  1852.  to  the  Empire.  The  vote  for  acceptance 
was  nearly  eight  millions  against  about  two  hundred  and  fifty 
thousand. 

Reference.  Andrews,  Modern  Europe,  II,  37-41. 

A.  Speech  of  the  Prince-President  to  the  Chambers.  March 
29,  1852.  Moniteur,  March  30,  1852. 

Messrs  Senators,  Messrs  Deputies. 

The  dictatorship  which  the  people  confided  to  me  ceases 
to-day.  Things  are  about  to*  resume  their  regular  course. 
It  is  with  a feeling  of  real  satisfaction  that  I come  to  pro~ 
claim  here  the  putting  into  effect  of  the  Constitution ; for  my 
constant  preoccupation  has  been  not  only  to  re-establish 
order,  but  to  render  it  durable  by  giving  France  institutions 
suitable  to  its  needs. 

Only  a few  months  ago,  you  will  recall,  the  more  I con- 
fined myself  within  the  narrow  circle  of  my  attributes,  it  was 

sought  to  restrict  them  still  more,  in  order  to  deprive  me  of 

movement  and  action.  Often  discouraged,  I confess,  I had 

thought  of  abandoning  an  authority  thus  disputed.  What  re- 
strained me  was  that  I saw  to  succeed  me  only  one  thing : 
anarchy.  Everywhere,  in  fact,  ardent  passions,  incapable  of 
establishing  anything,  were  rising  up  to  destroy.  Nowhere 


554 


EVOLUTION  OF  THE  EMPIRE 


was  there  an  institution  or  a man  to  whom  to  attach ; nowhere 
was  there  an  incontestable  right,  or  any  organization,  or  sys- 
tem which  could  be  realized. 

So  when,  thanks  to  the  co-operation  of  some  courageous 
men;  thanks  especially  to  the  energetic  attitude  of  the  army,  all 
the  perils  were  conjured  away  in  a few  hours,  my  first  care 
was  to  ask  the  people  for  institutions.  For  too'  long  a time 
.society  had  resembled  a pyramid  which  someone  had  turned 
over  and  sought  to  make  rest  upon  its  apex ; I have  re- 
placed it  upon  its  base.  Universal  suffrage,  the  only  source  of 
right  in  such  conjunctures,  was  immediately  re-established; 
order  reconquered  its  ascendancy;  in  fine,  France  adopting  the 
principal  provisions  of  the  Constitution  which  I submitted  to 
it.  I was  permitted  to  create  political  bodies  whose  influence 
and  consideration  will  be  so  much  greater  as  their  attributes 
have  been  wisely  regulated. 

In  fact,  among  political  institutions  those  alone  endure 
which  fix  in  an  equitable  manner  the  limits  in  which  each 
power  must  remain.  There  is  no  other  means  of  arriving  at  a 
useful  and  beneficent  application  of  liberty : examples  are  not 
far  from  us. 

Why,  in  1814,  was  the  inauguration  of  a parliamentary 
regime  seen  with  satisfaction,  despite  our  reverses  ? It  was, 
I do  not  fear  to  avow  it,  because  the  Emperor,  on  account 
of  war,  had  been  led  to  a too  absolute  exercise  of  authority. 

Why,  on  the  contrary,  in  1851,  did  France  applaiud  the  fall 
of  that  same  parliamentary  regime?  It  was  because  the  Cham- 
bers had  abused  the  influence  which  had  been  given  them, 
and  because,  wishing  to  dominate  everything,  they  were  com- 
promising the  general  equilibrium. 

Finally,  why  has  France  not  risen  against  the  restrictions 
imposed  upon  the  liberty  of  the  press  and  personal  liberty? 
It  is  because  one  had  degenerated  into  license  and  the  other, 
instead  of  being  the  orderly  exercise  of  the  right  of  each,  by 
odious  excesses  had  menaced  the  rights  of  all. 

This  extreme  danger,  especially  for  democracies,  of  con- 
stantly seeing  badly  defined  institutions  sacrifice  in  turn 
authority  or  liberty,  was  perfectly  appreciated  by  our  fathers 
half  a century  ago,  when,  upon  emerging  from  the  revolu- 
tionary turmoil  and  after  vain  trial  of  every  kind  of  system, 


EVOLUTION  OF  THE  EMPIRE 


555' 


they  proclaimed  the  Constitution  of  the  Year  VIII,  which  has 
served  as  the  model  for  that  of  1852.  Without  doubt  these 
do  not  sanction  all  those  liberties,  to  the  abuses  of  which 
we  had  even  become  accustomed ; but  they  also  consecrate 
some  very  real  ones.  On  the  morrow  of  revolutions,  the  first 
of  the  guarantees  for  a people  does  not  consist  in  the  im- 
moderate use  of  the  tribune  and  the  press ; it  is  in  the  right 
to  choose  the  government  which  is  suitable  for  it.  Now  the 
French  nation  has  given  to  the  world,  perhaps  for  the  first 
time,  the  imposing  spectacle  of  a great  people  voting  in  entire 
liberty  the  form  of  its  government. 

Thus  the  Head  of  the  State  whom  you  have  before  you  is, 
indeed  the  expression  of  the  popular  will ; and  what  do  I 
see  before  me?  two  chambers,  one  elected  in  virtue  of  the  most 
liberal  law  which  exists  in  the  world ; the  other  appointed 
by  me,  it  is  true,  but  independent  also,  because  it  is  irremov- 
able. 

Around  me  you  will  notice  men  of  patriotism  and  of  rec- 
ognized merit,  always  ready  to  support  me  with  their  counsel 
and  to  enlighten  me  upon  the  need's  of  the  country. 

That  Constitution  which  from  to-day  is  going  to  be  in  op- 
eration is  not,  then,  the  work  of  a.  vain  theory  nor  of  des- 
potism : it  is  the  work  of  experience  and  of  reason.  You  will 
aid  me,  gentlemen,  to  consolidate,  extend  and  improve  it. 


And  now,  gentlemen,  at  the  moment  in  which  you  are  about 
to  patriotically  associate  yourselves  with  my  labors,  I desire 
to  set  forth  frankly  what  shall  be  my  conduct. 

Seeing  me  re-establish  the  institutions  and  recollections 
of  the  Empire,  it  has  been  often  repeated  that  I desire  to  re- 
establish the  Empire  itself.  If  such  was  my  constant  pre- 
occupation, that  transformation  would  have  been  accom- 
plished long  since : neither  the  means  nor  the  occasions  were 
lacking  to  me. 

Thus  in  1848,  when  six  million  votes  elected  me,  in  spite  of 
the  Constituante,  I was  not  ignorant  that  by  simple  refusal 
to  acquiesce  in  the  Constitution,  I could  have  given  myself  a 
throne.  But  an  elevation  which  must  necessarily  lead  to  grave 
disturbances  did  not  seduce  me. 


556 


EVOLUTION  OF  THE  EMPIRE 


On  June  13,  1849,  it  would  have  been  equally  easy  for  me 
to  change  the  form  of  the  government:  I did  not  wish  it. 

Finally,  on  the  2d  of  December,  if  personal  considerations 
had  outweighed  the  grave  interests  of  the  country,  I might 
have  first  of  all  asked  the  people  for  a pompous  title,  which 
they  would  not  have  refused.  I was  content  with  what  I had. 

When,  then,  I draw  examples  from  the  Consulate  and  the 
Empire,  it  is  because  I find  them  there  especially  stamped 
with  nationality  land  grandeur.  Resolved  toi-day,  as  before, 
to  do  everything  for  France,  and  nothing  for  myself,  I shall 
•ccept  modification  of  the  present  state  of  things  only  if  1 
am  constrained  thereto  by  evident  necessity.  Whence  can  it 
arise?  Only  from  the  conduct  of  parties.  If  they  are  re- 
signed, nothing  will  be  changed.  But  if  by  their  secret  in- 
trigues they  seek  to  undermine  the  foundations  of  my  gov- 
ernment ; if,  in  their  blindness,  they  deny  the  legitimacy  of 
the  result  of  the  popular  election;  if,  in  fine,  they  continue 
to  constantly  put  in  jeopardy  the  future  of  the  country  by 
their  attacks,  then,  but  only  then,  it  may  be  reasonable  to  ask 
the  people,  in  the  name  of  the  repose  of  France,  for  a new  title 
which  shall  fix  irrevocably  upon  my  head  the  power  with  which 
I am  invested.  But  let  us  not  anticipate  difficulties  which  doubt- 
less have  nothing  of  probability  about  them.  Let  us  preserve 
the  Republic ; it  threatens  nobody,  it  can  reassure  everybody. 
Under  its  banner  I wish  to  inaugurate  again  an  era  of  obliv- 
ion and  conciliation,  and  I call  upon  all,  without  distinction, 
who  are  willing  to  freely  co-operate  with  me  for  the  public 
welfare. 


B.  Address  of  the  Municipality  of  Vedennes  to  Louis- 
Napoleon.  October,  1852.  Moniteur,  October  8,  1852. 

The  Municipal  Council, 

Considering  that  in  destroying  the  hopes  and  baffling  the 
projects  of  those  perverse  men  who  had  dreamed  of  civil  war, 
anarchy  and  the  overturning  of  society,  Louis-Napoleon  has 
done  for  the  country  and  the  peace  of  the  entire  world  more 
than  it  has  ever  been  given  to  any  man  to  do ; 

Considering  that  by  the  repression  of  the  anarchical  at- 
tempts and  the  re-establishment  of  the  principle  of  authority, 


EVOLUTION  OF  THE  EMPIRE 


557 


he  has  rendered  to  society  brilliant  services  and  has  merited 
well  of  France; 

Considering  that  confidence  in  the  stability  of  institutions 
is  one  of  the  most  essential  elements  of  the  strength  of  States 
and  of  public  prosperity; 

Unanimously  expresses  the  desire  that  the  Empire  should  be 
re-established  in  the  person  of  His  Imperial  Highness  Prince 
Louis-Napoleon  and  his  descendants,  and  for  that  purpose,  in 
conformity  with  articles  31  and  32  of  the  Constitution,  a 
senatus-consultum  should  be  proposed  for  the  acceptance  of 
the  French  people. 

C.  The  Bordeaux  Address.  October  9,  1852.  Moniteur, 
October  12,  1852. 

Gentlemen, 

The  invitation  of  the  Chamber  and  of  the  Tribunal  of  Com- 
merce of  Bordeaux  which  I have  cheerfully  accepted  furnishes 
me  an  opportunity  to  thank  your  grand  city  for  its  reception 
so  cordial  and  its  hospitality  so  replete  with  magnificence,  and 
I am  very  glad  also,  towards  the  end  of  my  tour,  to  share 
with  you  the  impressions  which  it  has  left  upon  me. 

The  purpose  of  this  tour,  as  you  know,  was  that  I might 
come  to  know  for  myself  our  beautiful  provinces  of  the  south, 
and  that  I might  appreciate  their  needs.  It  has,  however,  given 
rise  to  a much  more  important  result. 

Indeed,  I say  it  with  a candor  as  far  removed'  from  ar- 
rogance as  from  a false  modesty,  never  has  a people  testified 
in  a manner  more  direct,  spontaneous  and  unanimous  the  de- 
sire to  be  freed  from  anxieties  as  to  the  future  by  consolidat- 
ing in  the  same  hands  an  authority  which  is  in  sympathy  with 
them.  It  is  because  they  know  at  this  hour  both  the  false 
hopes  with  which  they  deluded  themselves  and  the  dan- 
gers with  which  they  are  threatened.  They  know  that  in 
1852  society  was  hastening  to  its  destruction,  because  each 
party  was  consoling  itself  in  advance  of  the  general  ship- 
wreck with  the  hope  of  planting  its  banner  upon  the  ruins 
which  might  float  on  the  surface.  They  are  thankful  to  me  for 
having  saved  the  ship,  merely  by  raising  the  banner  of  France. 

Disabused  of  absurd  theories,  the  people  have  acquired  the 
conviction  that  the  pretended  reformers  were  only  dreamers, 


558 


EVOLUTION  OF  THE  EMPIRE 


because  there  was  always  inconsistency  and  disproportion  be- 
tween their  means  and  the  results  promised. 

To-day,  France  encompasses  me  with  her  sympathies,  be- 
cause I am  not  of  the  family  of  the  ideologists.  In  order  to 
secure  the  welfare  of  the  country,  it  is  not  necessary  to  apply 
new  systems ; but  before  everything  else,  to  inspire  confi- 
dence in  the  present  and  security  for  the  future.  That  is 
why  France  seems  to  wish  to  return  to  the  Empire. 

There  is,  nevertheless,  a fear  which  I much  refute.  In 
a spirit  of  distrust,  certain  persons  declare : The  Empire 
means  war.  But  I say:  The  Empire  means  peace. 

It  means  peace,  because  France  desires  it,  and,  when 
France  is  satisfied,  the  world  is  tranquil.  Glory,  indeed,  is 
bequeathed  by  hereditary  title,  but  not  war.  Did  the  princes 
who  justly  thought  themselves  honored  in  being  the  grand- 
sons of  Louis  XIV  recommence  his  struggles?  War  is  not 
made  by  pleasure,  but  by  necessity ; and  at  these  epochs  of 
transition  in  which  everywhere,  by  the  side  of  so  many  ele- 
ments of  prosperity,  as  many  causes  of  death  shoot  up,  it 
can  be  said  with  truth : Woe  to  him  who  first  should  give  in 
Europe  the  signal  of  a collision  whose  consequences  would  be 
incalculable ! 

I admit,  however,  that  I,  like  the  Emperor,  have  indeed 
conquests  to  make.  I wish,  like  him,  to  conquer  for  concil- 
iation the  hostile  parties  and  to  bring  into  the  current  of 
the  great  popular  stream  the  hostile  derivations  which  are  now 
ruining  themselves  without  profit  to  anybody. 

I wish  to  conquer  for  religion,  morality  and  comfortable 
living  that  part  of  the  population  still  so  numerous,  which, 
in  the  midst  of  a country  of  faith  and  belief,  scarcely  knows 
of  the  precepts  of  Christ;  which,  in  the  midst  of  the  most  fer- 
tile land  in  the  world,  can  scarcely  enjoy  products  of  first  ne- 
cessity. 

We  have  enormous  uncultivated  territories  to  clear,  routes 
to  open,  harbors  to  deepen,  rivers  to  make  navigable, 
canals  to  finish,  and  our  network  of  railroads  to  complete.  We 
have  opposite  Marseilles  an  enormous  kingdom  to  assimilate  to 
France.  We  have  to  connect  all  of  our  great  western  ports 
with  the  American  continent  by  those  rapid  communications 
which  we  still  lack.  In  fine,  we  have  everywhere  ruins  to  raise 


EVOLUTION  OF  THE  EMPIRE 


559 


again,  false  gods  to  cast  down,  and  truths  to  make  triumphant. 

That  is  how  I shall  understand  the  Empire,  if  the  Empire 
must  be  re-established.  Such  are  the  conquests  which  I med- 
itate, and  all  of  you  who  surround  me,  who  wish,  like  myself, 
the  welfare  of  our  fatherland,  you  are  my  soldiers. 

D.  Senatus-Consultum  upon  the  Empire.  November  7, 
1852.  Duvergier,  Lois,  LII,  680-682. 

The  Senate  has  deliberated,  in  conformity  with  articles  31 
and  32  of  the  Constitution,  and  voted  the  senatus-consultum 
whose  tenor  follows  : 

1.  The  imperial  dignity  is  re-established. 

Louis-Napoleon  Bonaparte  is  Emperor  of  the  French,  under 

the  name  of  Napoleon  III. 

2.  The  imperial  dignity  is  hereditary  in  the  direct  and 
legitimate  descendants  of  Louis-Napoleon  Bonaparte,  from 
male  to  male,  by  order  of  primogeniture,  and  to  the  perpet- 
ual exclusion  of  women  and  their  descendants. 

3.  Louis-Napoleon  Bonaparte,  if  he  has  no  male  children, 
can  adopt  the  legitimate  children  and  descendants  in  the  mas- 
culine line  of  the  brothers  of  the  Emperor  Napoleon  I. 

The  forms  of  adoption  are  regulated  by  a senatus-consult- 
um. 

If,  after  the  adoption,  male  children  should  come  to  Louis- 
Napoleon,  his  adopted  sons  can  be  called  to  succeed  him 
only  after  his  legitimate  descendants. 

Adoption  is  forbidden  to  the  successors  of  Louis-Napoleon 
and  their  descendants. 

4.  Louis-Napoleon  Bonaparte  regulates,  by  an  organic  de- 
cree addressed  to  the  Senate  and  deposited  in  its  archives,  the 
order  of  succession  to  the  throne  within  the  Bonaparte  fam- 
ily, for  the  case  that  he  should  not  leave  any  direct  heir, 
legitimate  or  adopted. 

5.  In  default  of  a legitimate  or  adopted  heir  of  Louis- 
Napoleon  Bonaparte,  and  of  successors  in  the  collateral  line 
who  shall  take  their  right  in  the  above  mentioned  organic  de- 
cree a senatus-consultum,  proposed  to  the  Senate  by  the  min- 
isters formed  into  Council  of  Government  with  the  addition 
of  the  acting  presidents  of  the  Senate,  the  Ccrps-Legis 
latif  and  the  Council  of  State,  and  submitted  to  the  acceptance 


THE  CONGRESS  OF  PARIS 


560 

of  the  people,  appoints  the  Emperor  and  regulates  within 
his  family  the  hereditary  order  from  male  to  male,  to  the  per- 
petual exclusion  of  women  and  their  descendants. 

Up  to  the  moment  at  which  the  election  of  the  new  Emper- 
or is  consummated,  the  affairs  of  State  are  controlled  by  the 
ministers  on  duty,  who  form  themselves  into  Council  of  Gov- 
ernment and  deliberate  by  majority  of  votes. 

6.  The  members  of  the  family  of  Louis-Napoleon  Bona- 
parte summoned  eventually  to  the  inheritance  and  their  de- 
scendants of  both  sexes,  form  part  of  the  imperial  family. 
A senatus-consultum  regulates  their  position.  They  cannot 
marry  without  the  authorisation  of  the  Emperor.  Marriage 
made  by  them  without  that  authorisation  involves  loss  of  all 
right  to  the  inheritance,  both  for  the  one  who  has  contracted 
it  and  for  his  descendants. 

Nevertheless,  if  there  are  no  children  from  that  marriage, 
in  case  of  its  dissolution  because  of  death,  the  prince  who 
had  contracted  it  recovers  his  rights  to  the  inheritance. 

Louis-Napoleon  fixes  the  titles  and  the  station  of  the  other 
members  of  his  family. 

The  Emperor  has  full  authority  over  all  members  of  his 
family ; he  regulates  their  duties  and  their  obligations  by 
statutes  which  have  the  force  of  law. 

The  Constitution  of  January  14,  1852,  is  maintained  in  all 
those  of  its  provisions  which  are  not  contrary  to  the  present 
senatus-consultum ; modifications  in  it  can  be  effected  only  in 
the  forms  and  by  the  means  which  it  has  provided. 

8.  The  following  proposition  shall  be  presented  for  the  ac- 
ceptance of  the  French  people  in  the  forms  fixed  by  the  de- 
crees of  December  2 and  4,  1851. 

“The  French  people  wish  the  re-establishment  of  the  im- 
perial dignity  in  the  person  of  Louis-Napoleon  Bonaparte, 
with  inheritance  in  his  direct  descendants,  legitimate  or  adopt- 
ed, and  give  to  him  the  right  to  regulate  the  order  of  succes- 
sion to  the  throne  within  the  Bonaparte  family,  as  is  provided 
for  by  the  senatus  consultum  of  November  7,  1852.” 


115.  Documents  upon  the  Congress  of  Paris. 


These  documents,  representing  the  principal  results  of  the 


THE  CONGRESS  OF  PARIS 


561 


international  congress  at  the  close  of  the  Crimean  war,  are  im- 
portant from  many  standpoints.  Three  of  these  deserve  special 
attention.  (1)  As  the  Crimean  war  was  in  large  measure  due  to 
rivalry  for  international  prestige,  they  may  be  examined  to  as- 
certain what  direct  and  immediate  advantages  or  disadvantages 
accrued  to  each  state.  (2)  As  a new  settlement  of  the  Eastern 
Problem  was  effected  in  these  documents  Its  various  features 
should  be  carefully  noted,  e.g.,  the  alteration  in  the  position  of 
Turkey,  the  status  provided  for  the  Christian  states  of  the  Balkan 
peninsula,  the  control  over  the  Black  Sea  and  Dardenelles.  (3) 
As  a number  of  long-disputed  international  law  questions  were 
definitively  settled,  notice  should  be  taken  of  what  these  were,  the 
method  provided  for  their  settlement  and  the  principles  finally 
accepted. 

References.  Fyffe,  Modern  Europe,  III,  227-240  (Popular  ed., 
856-865);  Seignobos,  Europe  Since  1811f,  789-792;  Phillips,  Mod- 
ern Europe,  357-360;  Andrews,  Modern  Europe,  II,  77-90;  La- 
visse  and  Rambaud,  Histoire  Generale,  XI,  220-226. 

A.  Treaty  of  Paris,  March  30,  1856.  Herstlet,  Map  of 
Europe  by  Treaty,  1250-1265. 

Their  Majesties  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  the  Emperor  of  the  French,  the 
Emperor  of  all  the  Russias,  the  King  of  Sardinia,  and  the  Em- 
peror of  the  Ottomans,  animated  by  the  desire  to  put  an  end 
to  the  calamities  of  War,  and  wishing  to  prevent  the  return 
of  the  complications  which  occasioned  it,  resolved  to  come 
to  an  understanding  with  His  Majesty  the  Emperor  of  Aus- 
tria as  to  the  bases  on  which  Peace  might  be  re-established  and 
consolidated,  by  securing,  through  effectual  and  reciprocal 
guarantees,  the  independence  and  integrity  of  the  Ottoman  Em- 
pire. 


[In  the  omitted  passage  the  King  of  Prussia  is  also  made 
a party  to  the  treaty.] 

1.  From  the  day  of  the  exchange  of  the  Ratifications  of 
the  present  Treaty  there  shall  be  Peace  and  Friendship  between 
Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Brit- 
ain and  Ireland,  His  Majesty  the  Emperor  of  the  French, 
His  Majesty  the  King  of  Sardinia,  His  Imperial  Majesty  the 
Sultan,  on  the  one  part,  and  His  Majesty  the  Emperor  of 
All  the  Russias,  on  the  other  part;  as  well  as  between  their 


562 


THE  CONGRESS  OF  PARIS 


heirs  and  successors,  their  respective  dominions  and  subjects, 
in  perpetuity. 

7.  Her  Majesty  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  His  Majesty  the  Emperor  of  Aus- 
tria, His  Majesty  the  Emperor  of  the  French,  His  Majesty 
the  King  of  Prussia,  His  Majesty  the  Emperor  of  All  the 
Russias,  and  His  Majesty  the  King  of  Sardinia,  declare  the 
Sublime  Porte  admitted  to  participate  in  the  advantages  of 
the  Public  Law  and  System  ( Concert ) of  Europe.  Their  Maj- 
esties engage,  each  on  his  part,  to  respect  the  Independence 
and  the  Territorial  Integrity  of  the  Ottoman  Empire;  Guar- 
antee in  common  the  strict  observance  of  that  engagement ; and 
will  in  consequence  consider  any  act  tending  to  its  violation 
as  a question  of  general  interest. 

8.  If  there  should  arise  between  the  Sublime  Porte  and 
one  or  more  of  the  other  Signing  Powers  any  misunderstand- 
ing which  might  endanger  the  maintenance  of  their  relations, 
the  Sublime  Porte  and  each  of  such  Powers,  before  having 
recourse  to  the  use  of  force,  shall  afford  the  other  Contract- 
ing Parties  the  opportunity  of  preventing  .such  an  extremity 
by  means  of  their  Mediation. 

9.  His  Imperial  Majesty  the  Sultan  having,  in  his  con- 
stant solicitude  for  the  welfare  of  his  subjects,  issued  a 
Firman,  which,  while  ameliorating  their  condition  without 
distinction  of  Religion  or  of  race,  records  his  generous  in- 
tentions towards  the  Christian  populatioh  of  his  Empire, 
and  wishing  to  give  a further  proof  of  his  sentiments  in  that 
respect,  has  resolved  to  communicate  to  the  Contracting  Par- 
ties the  said  Firman,  emanating  spontaneously  from  his  Sov- 
ereign will. 

The  Contracting  Powers  recognize  the  high  value  of  this 
communication.  It  is  clearly  understood  that  it  cannot,  in 
any  case,  give  to  the  said  Powers  the  right  to  interfere,  either 
collectively  or  separately,  in  the  relations  of  His  Majesty  the 
Sultan  with  his  subjects,  nor  in  the  Internal  Administration 
of  his  Empire. 

10.  The  Convention  of  the  13th  of  July,  1841,  which  main- 
tains the  ancient  rule  of  the  Ottoman  Empire  relative  to  the 


THE  CONGRESS  OF  PARIS 


56.3 


Closing  of  the  Straits  of  the  Bosphorus  and  of  the  Dardan- 
elles, has  been  revised  by  common  consent. 

The  Act  concluded  for  that  purpose  and  in  conformity 
with  that  principle,  between  the  High  Contracting  Parties,  is 
and  remains  annexed  to  the  present  Treaty,  and  shall  have  the 
same  force  and  validity  as  if  it  formed  an  integral  part 
thereof. 

11.  The  Black  Sea  is  neutralized;  its  Waters  and  its  Ports, 
thrown  open  to  the  Mercantile  Marine  of  every  Nation,  are 
formally  and  in  perpetuity  interdicted  to  the  Flag  of  War, 
either  of  the  Powers  possessing  its  Coasts,  or  of  any  other 
Power,  with  the  exceptions  mentioned  in  Articles  14  and  19 
of  the  present  Treaty. 

15.  The  Act  of  the  Congress  of  Vienna,  having  established 
the  principles  intended  to  regulate  the  Navigation  of  Rivers 
which  separate  or  traverse  different  States,  the  Contracting 
Powers  stipulate  among  themselves  that  those  principles  shall 
in  future  be  equally  applied  to  the  Danube  and  its  Mouths. 
They  declare  that  its  arrangement  henceforth  forms  a part 
of  the  Public  Law  of  Europe,  and  take  it  under  their  Guar- 
antee. 

22.  The  Principalities  of  Wallachia  and  Moldavia  shall 
continue  to  enjoy  under  the  Suzerainty  of  the  Porte,  and 
under  the  Guarantee  of  the  Contracting  Powers,  the  Priv- 
ilges  and  Immunities  of  which  they  are  in  possession.  No 
exclusive  Protection  shall  be  exercised  over  them  by  any  of 
the  Guaranteeing  Powers. 

There  shall  be  no  separate  right  of  interference  in  their 
Internal  Affairs. 

23.  The  Sublime  Porte  engages  to  preserve  to  the  said 
Principalities  an  Independent  and  National  Administration, 
as  well  as  full  liberty  of  Worship,  of  Legislation,  of  Com- 
merce, and  of  Navigation. 


28.'  The  Principality  of  Servia  shall  continue  to  hold  of 
the  Sublime  Porte,  in  conformity  with  the  Imperial  Hats 
which  fix  and  determine  its  Rights  and  Immunities,  placed 


564 


THE  CONGRESS  OP  PARIS 


henceforward  under  the  Collective  Guarantee  of  the  Contract- 
ing Powers. 

In  consequence,  the  said  Principality  shall  preserve  its 
Independence  and  National  Administration,  as  well  as  full 
Liberty  of  Worship,  of  Legislation,  of  Commerce,  and  of  Navi- 
gation. 


B.  The  Dardanelles  Convention.  March  26,  1856.  Herst- 
let,  Map  of  Europe  by  Treaty,  1266-1269. 

Their  Majesties  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  the  Emperor  of  Austria,  the  Em- 
peror of  the  French,  the  King  of  Prussia,  the  Emperor  of 
All  the  Russias,  signing  Parties  to  the  Convention  of  the  13th 
day  of  July,  1841,  and  His  Majesty  the  King  of  Sardinia;  wish- 
ing to  record  in  common  their  unanimous  determination  to 
conform  to  the  ancient  rule  of  the  Ottoman  Empire,  accord- 
ing to  which  the  Straits  of  the  Dardanelles  and  of  the  Bos- 
phorus are  Closed  to  Foreign  Ships  of  War,  so  long  as  the 
Porte  is  at  Peace; 

Their  said  Majesties,  on  the  one  part,  and  His  Majesty 
the  Sultan,  on  the  other,  have  resolved  to  renew  the  Con- 
vention concluded  at  London  on  the  13th  day  of  July,  1841, 
with  the  exception  of  some  modifications  of  detail  which  do 
not  affect  the  principle  upon  which  it  rests ; 


1.  His  Majesty  the  Sultan,  on  the  one  part,  declares  that 
he  is  firmly  resolved  to  maintain  for  the  future  the  principle 
invariably  established  as  the  ancient  rule  of  his  Empire,  and 
in  virtue  of  which  it  has,  at  all  times,  been  prohibited  for  the 
Ships  of  War  of  Foreign  Powers  to  enter  the  Straits  of  the 
Dardanelles  and  of  the  Bosphorus ; and  that,  so  long  as  the 
Porte  is  at  Peace,  His  Majesty  will  admit  no  Foreign  Ship 
of  War  into  the  said  Straits. 

And  their  Majesties  the  Queen  of  the  United  Kingdom  of 
Great  Britain  and  Ireland,  the  Emperor  of  Austria,  the  Em- 
peror of  the  French,  the  King  of  Prussia,  the  Emperor  of  All 
the  Russias,  and  the  King  of  Sardinia,  on  the  other  part,  en- 


THE  CONGRESS  OF  PARIS 


565 


gage  to  respect  this  determination  of  the  Sultan,  and  to  con- 
form themselves  to  the  principle  above  declared. 

C.  Declaration  Respecting  Maritime  Power.  April  16, 
1856.  Herstlet,  Map  of  Europe  by  Treaty,  1282-1283. 

The  Plenipotentiaries  who  signed  the  Treaty  of  Paris 
of  the  30th  of  March,  1856,  assembled  in  Conference, — 

Considering : 

That  Maritime  Law,  in  time  of  war,  has  long  been  the 
subject  of  deplorable  disputes  ; 

That  the  uncertainty  of  the  law  and  of  the  duties  in  such 
a matter,  gives  rise  to  differences  of  opinion  between  Neu- 
trals and  Belligerents  which  may  occasion  serious  difficulties, 
and  even  conflicts ; 

That  it  is  consequently  advantageous  to  establish  a uniform 
doctrine  on  so  important  a point ; 

That  the  Plenipotentiaries  assembled  in  Congress  at  Paris 
cannot  better  respond  to  the  intentions  by  which  their  Gov- 
ernments are  animated,  than  by  seeking  to  introduce  into  inter- 
national relations  fixed  principles  in  this  respect ; 

The  above-mentioned  Plenipotentiaries,  being  duly  author- 
ised, resolved  to  concert  among  themselves  as  to  the  means  of 
attaining  this  object;  and,  having  come  to  an  agreement,  have 
adopted  the  following  solemn  Declaration  : 

1.  Privateering  is,  and  remains,  abolished; 

2.  The  Neutral  Flag  covers  Enemy’s  Goods,  with  the  ex- 
ception of  Contraband  of  War; 

3.  Neutral  Goods,  with  the  exception  of  Contraband  of 
War,  are  not  liable  to  capture  under  Enemy’s  Flag ; 

4.  Blockades,  in  order  to  be  binding,  must  be  effective, 
that  is  to  say,  maintained  by  a force  sufficient  really  to  prevent 
access  to  the  coast  of  the  enemy. 

The  Governments  of  the  Undersigned  Plenipotentiaries 
engage  to  bring  the  present  Declaration  to  the  knowledge  of 
the  States  which  have  not  taken  part  in  the  Congress  of 
Paris,  and  to  invite  them  to  accede  to  it. 

Convinced  that  the  maxims  which  they  now  proclaim  aan- 
not  but  be  received  with  gratitude  by  the  whole  world,  the 
undersigned  Plenipotentiaries  doubt  not  that  the  efforts  of 


566 


THE  WAR  IN  ITALY 


their  Governments  to  obtain  the  general  adoption  thereof,  will 
be  crowned  with  full  success. 

The  present  Declaration  is  not,  and  shall  not  be  binding, 
except  between  those  powers  who  have  acceded,  or  shall  accede, 
to  it. 

Done  at  Paris,  the  16th  of  April,  1856. 


116.  Documents  upon  the  War  in  Italy. 


The  principal  purpose  of  this  group  of  documents  is  to  throw 
light  upon  five  features  of  the  subject  to  which  they  relate.  (1) 
Documents  A and  B show  how  the  issue  of  war  as  between  Aus- 
tria and  Piedmont  was  joined.  (2)  Document  C may  be  regarded 
as  an  official  defence  and  announcement  of  the  purpose  of  French 
participation  in  the  war.  (3)  From  document  D something  may 
be  learned  of  what  the  Italians  expected  from  French  assistance. 
(4)  Documents  E and  F show  the  terms  upon  which  the  war  was 
concluded  and  the  settlement  of  the  Italian  question  intended  by 
Napoleon  III.  (5)  Document  G shows  the  compensation  exacted 
by  France  for  its  participation  in  the  war. 


References.  Fyffe,  Modern  Europe,  III,  251-281  (Popular  ed., 
873-S92)  ; Seignobos,  Europe  Since  18H,  793-797;  Andrews,  Mod- 
ern Europe,  II,  112-145;  Cesarosco,  Cavour,  Chs.  vin-x ; Still- 
man. Union  of  Italy,  Ch.  xii  ; King,  Italian  Unity,  II,  45-51,  55- 
57,  61-70,  77-82,  115-122  ; Lavisse  and  Rambaud,  Histoire  Gen- 
erate, XI,  263-276. 


A.  The  Austrian  Ultimatum.  April  19,  1856.  Herstlet, 
Map  of  Europe  by  Treaty,  1359-1360. 

The  Imperial  Government,  as  your  Excellency  is  aware, 
has  hastened  to  accede  to  the  proposal  of  the  Cabinet  of 
St.  Petersburg  to  assemble  a Congress  of  the  5 Powers  with 
the  view  to  remove  the  complications  which  have  arisen  in 
Italy. 

Convinced,  however,  of  the  impossibility  to  enter,  with  any 
chance  of  success,  upon  pacific  deliberations  in  the  midst  of 
the  noise  of  arms,  and  of  preparations  for  War  carried  on 
in  a neighboring  Country,  we  have  demanded  the  placing  on 
a Peace  Footing  of  the  Sardinian  Army,  and  the  disbanding 
of  the  Free  Corps,  or  Italian  Volunteers,  previously  to  the 
meeting  of  the  Congress. 


THE  WAR  IN  ITALY 


567 


Her  Britannic  Majesty’s  Government  finds  this  condition 
so  just,  and  so  consonant  with  the  exigencies  of  the  situation, 
that  it  did  not  hesitate  to  adopt  it,  at  the  same  time  declaring 
itself  to  be  ready,  in  conjunction  with  France,  to  insist  on 
the  immediate  disarmament  of  Sardinia,  and  to  offer  her  in 
return  a Collective  Guarantee  against  any  attack  on  our  part, 
to  which,  of  course,  Austria  would  have  done  honour. 

The  Cabinet  of  Turin  seems  only  to  have  answered,  by 
a categorical  refusal  to  the  invitation  to  put  her  army  on  a 
Peace  Footing,  and  to  accept  the  Collective  Guarantee  which 
was  offered  her.  This  refusal  inspires  us  with  regrets,  so 
much  the  more  deep,  that  if  the  Sardinian  Government  had 
consented  to  the  testimony  of  pacific  sentiments  which  was  de- 
manded of  her,  we  should  have  accepted  it  as  a first  symptom 
of  her  intention  to  assist,  on  her  side,  in  bringing  about  an  im- 
provement in  the  relations  between  the  two  countries  which 
have  unfortunately  been  in  such  a state  of  tension  for  some 
years  past.  In  that  case  it  would  have  been  permitted  us  to 
furnish,  by  the  breaking  up  of  the  Imperial  troops  stationed 
in  the  Lombardo-Venetian  kingdom,  another  proof  that  they 
were  not  assembled  for  the  purpose  of  aggression  against 
Sardinia. 

Our  hope  having  been  hitherto  deceived,  the  Emperor, 
my  august  master,  has  ordered  me  to  make  directly  a last 
effort  to  cause  the  Sardinian  government  to  reconsider,  the 
decision  which  it  seems  to  have  resolved  on.  Such  is  the 
object  of  this  letter. 

I have  the  honour  to  entreat  your  Excellency  to'  take  its 
contents  into  your  most  serious  consideration,  and  to  let 
me  know  if  the  Royal  Government  consents,  yes  or  no,  to 
put  its  Army  on  a Peace  Footing  without  delay,  and  to  dis- 
band the  Italian  volunteers. 

The  bearer  of  this  letter,  to  whom,  M.  le  Comte,  you  will 
be  so  good  as  to  give  your  answer,  is  ordered  to  hold  himself 
at  your  disposition  to  this  effect  for  3 days. 

Should  he  receive  no  answer  at  the  expiration  of  this 
term,  or  should  this  answer  not  be  completely  satisfactory, 
the  responsibility  of  the  grave  events  which  this  refusal 
would  entail  would  fall  entirely  on  His  Sardinian  Majesty’s 
Government. 


568 


THE  WAR  IN  ITALY 


After  having  exhausted  in  vain  all  conciliatory  means 
to  procure  for  these  populations  the  guarantee  of  peace,  on 
which  the  Emperor  has  a right  to  insist,  His  Majesty  will 
be  obliged,  to  his  great  regret,  to  have  recourse  to  force  of 
arms  to  retain  it. 

In  the  hope  that  the  answer  which  I solicit  of  your  Ex- 
cellency will  be  congenial  to  our  wishes  for  the  maintenance 
of  Peace,  I seize,  &c.,  Buol. 

C.  Cavour. 

B.  Reply  of  Sardinia.  April  26,  1859.  Herstlet,  Map  of 
Europe  by  Treaty,  1361. 

The  question  of  the  Disarmament  of  Sardinia,  which  con- 
stitutes the  basis  of  the  demand  which  your  Excellency  ad- 
dresses to  me,  has  been  the  subject  of  numerous  negotiations 
between  the  Great  Powers  and  the  Government  of  the  King. 
These  negotiations  led  to  a proposition  drawn  up  by  England, 
to  which  France,  Prussia,  and  Russia  adhered.  Sardinia,  in 
a spirit  of  conciliation,  accepted  it  without  reserve  or  after- 
thought. Since  your  Excellency  can  neither  be  ignorant  either 
of  the  proposition  of  England  nor  the  answer,  I could  add 
nothing  in  order  to  make  known  the  intentions  of  the  Gov- 
ernment of  the  King  with  regard  to  the  difficulties  which  were 
opposed  to  the  assembling  of  the  Congress. 

The  decided  conduct  of  Sardinia  has  been  appreciated 
by  Europe.  Whatever  may  be  the  consequences  which  it 
entails,  the  King,  my  august  master,  is  convinced  that  the 
responsibility  will  devolve  upon  them  who  first  armed,  who 
have  refused  the  propositions  made  by  a great  Power,  and 
recognized  as  just  and  reasonable  by  the  others,  and  who  now 
substitute  a menacing  summons  in  its  stead. 

C.  Proclamation  of  Napoleon  III.  May  3,  1859.  Moniteur, 
May  4,  1859. 

Frenchmen ! 

Austria,  in  causing  its  army  to  enter  the  territory  of  the 
King  of  Sardinia,  our  ally,  declares  war  upon  us.  It  thus 
violates  treaties  and  justice,  and  threatens  our  frontiers.  All 
the  great  Powers  have  protested  against  that  aggression.  Pied- 
mont having  accepted  conditions  which  must  have  assured 
peace,  it  may  be  asked  what  can  be  the  reason,  for  this  sud- 


THE  WAR  IN  ITALY 


569 


den  invasion.  It  is  because  Austria  has  brought  matters  to 
that  extremity,  that  it  is  necessary  she  should  dominate  to  the 
Alps,  or  that  Italy  should  be  free  to  the  Adriatic;  for  in  that 
country,  every  corner  of  land  that  remains  independent  is  in 
danger  for  its  power. 

Up  to  the  present,  moderation  has  been  the  rule  of  my 
conduct;  now  energy  becomes  my  first  duty. 

Let  France  arm  itself  and  say  resolutely  to  Europe:  I do 
not  wish  for  conquest,  but  I am  determined  to  maintain  without 
feebleness  my  national  and  traditional  policy;  I observe  treat- 
ies, on  condition  that  they  shall  not  be  violated  against  me ; 
I respect  the  territory  and  the  rights  of  neutral  powers,  but  I 
openly  avow  my  sympathy  for  a people  whose  history  is  bound 
up  with  ours,  and  who  groan  under  foreign  oppression. 

France  has  shown  her  hatred  of  'anarchy;  she  has  been 
pleased  to  give  me  an  authority  strong  enough  to  reduce  to 
impotence  the  abettors  of  disorder  and  the  incorrigible  men 
of  those  former  parties  who  are  seen  incessantly  making  cov- 
enants with  our  enemies ; but  she  has  not  for  that  abdicated 
her  function  as  a civilizer.  Her  natural  allies  have  always 
been  those  who  desire  the  improvement  of  humanity,  and 
wThen  she  draws  her  sword,  it  is  not  in  order  to  domineer,  but 
to  liberate. 

The  purpose  of  this  war,  then,  is  to  restore  Italy  to  herself 
and  not  to  cause  her  to  change  her  master,  and  we  shall  have 
upon  our  frontiers  a friendly  people,  who  will  owe  their  inde- 
pendence to  us. 

We  are  not  going  into  Italy  to  foment  disorder  nor  to 
shake  the  authority  of  the  Holy  Father,  whom  we  have  re- 
placed upon  his  throne,  but  to  secure  it  against  that  foreign 
pressure  which  weighs  upon  the  whole  Peninsula  and  to  have 
a share  in  establishing  order  there  out  of  legitimate  satisfied 
interests. 

We  are,  in  fine,  in  that  classic  land,  made  illustrious  by 
so  many  victories,  about  to  encounter  the  footsteps  of  our 
fathers ; God  grant  that  we  may  be  worthy  of  them ! 

I shall  shortly  place  myself  at  the  head  of  the  army.  I 
leave  in  France  the  Empress  and  my  son.  Seconded  by  the 
experience  and  the  enlightenment  of  the  last  surviving  broth- 


570 


THE  WAR  IN  ITALY 


er  of  the  Emperor,  she  will  be  able  to  show  herself  not 
inferior  to  her  mission. 

I entrust  them  to  the  valor  of  our  army  which  remains  in 
France  to  look  after  our  frontiers,  as  well  as  to  protect  our 
domestic  hearth ; I entrust  them  to  the  patriotism  of  the 
National  Guard;  I entrust  them,  in  fine,  to  the  entire  people, 
who  will  surround  them  with  that  love  and  devotion  of 
which  each  day  I receive  so  many  proofs. 

Courage  then  and  union ! Our  country  is  about  to  show 
the  world  once  again  that  it  has  not  degenerated.  Providence 
will  bless  our  efforts;  for  the  cause  which  is  based  upon  jus- 
tice, humanity,  love  of  fatherland  and  of  independence,  is 
holy  in  the  eyes  of  God. 

Napoleon. 

Palace  of  the  Tuile'ries,  May  3,  1859. 

D.  Proclamation  to  the  Italians.  June  8,  1859.  Mon - 
iteur,  June  12,  1859. 

Italians, 

The  fortune  of  war  bringing  me  to-day  into  the  capital 
of  Lombardy,  I am  about  to  tell  you  why  I am  here. 

When  Austria  unjustly  attacked  Piedmont,  I resolved  to 
support  my  ally,  the  King  of  Sardinia,  the  honor  and  interests 
of  France  making  it  a duty  for  me.  Your  enemies,  who  are 
mine,  have 'tried  to  diminish  the  universal  sympathy,  which 
there  has  been  in  Europe  for  your  cause,  by  seeking  to  make 
it  thought  that  I was  making  war  only  through  per- 
sonal ambition  or  to  increase  the  territory  of  France.  If 
there  are  men  who  do  not  understand  their  epoch,  I am  not  of 
the  number. 

In  the  enlightened  state  of  public  opinion  at  present,  one 
is  greater  through  the  moral  influence  which  he  exercises 
than  through  sterile  conquests ; and  that  moral  influence  I seek 
after  with  pride  in  contributing  to  make  free  one  of  the  most 
beautiful  parts  of  Europe. 

Your  welcome  has  already  proven  to  me  that  you  do  not 
misunderstand  me.  I do  not  come  here  with  ai  preconceived 
system  in  order  to  dispossess  sovereigns  nor  to  impose  my 
will  upon  you ; my  army  wiil  occupy  itself  only  with  two 
things:  to  fight  your  enemies,  and  to  maintain  internal  order; 


THE  WAR  IN  ITALY 


571 


it  will  not  interpose  any  obstacle  to  the  free  manifestation  of 
your  legitimate  desires.  Providence  sometimes  favors  peoples 
just  as  it  does  individuals  by  giving  them  the  opportunity  to 
become  great  all  at  once ; but  it  is  on  condition  that  they 
know  how  to  profit  thereby.  Profit,  then,  by  the  fortune 
which  is  offered  you. 

Your  desire  for  independence  so  long  made  known,  so  often 
deceived,  will  be  realized  if  you  will  show  yourselves  worthy 
of  it.  Unite  then  in  a single  aim,  the  liberation  of  your  coun- 
try. Organize  militarily.  Flock  under  the  banners  of  Vic- 
tor Emmanuel,  who  has  already  so  nobly  shown  you  the 
way  of  honor.  Remember  that  without  discipline  there  is  no 
army;  and,  animated  by  the  sacred  fire  of  patriotism,  be  to-day 
only  soldiers ; to  morrow,  you  shall  be  free  citizens  of  a great 
country. 

Done  at  the  imperial  headquarters  at  Milan,  June  8,  1859. 

Napoleon. 

E.  Armistice  of  Viilafranca.  July  11,  1859.  De  Clercq, 
Traitrs,  VII,  617-618.  Translation,  Herstlet,  Map  of  Europe 
by  Treaty , 1374-1375- 

Between  His  Majesty  the  Emperor  of  Austria  and  His 
Majesty  the  Emperor  of  the  French,  it  has  been  agreed  as 
follows : 

The  two  Sovereigns  favour  the  creation  of  an  Italian  Con- 
federation. This  Confederation  shall  be  under  the  honorary 
Presidency  of  the  Holy  Father. 

The  Emperor  of  Austria  cedes  to  the  Emperor  of  the 
French  his  rights  over  Lombardy,  with  the  exception  of 
the  Fortresses  of  Mantua  and  Peschiera,  so  that  the  Frontier 
of  the  Austrian  possessions  shall  start  from  the  extremity 
of  the  rayon  of  the  Fortress  of  Peschiera,  and  extend  in  a 
straight  line  along  the  Mincio  as  far  as  Legrazia,  thence  to 
Szarzarola,  and  Lugano  on  the  Po,  whence  the  existing  Front- 
iers continue  to  form  the  Boundaries  of  Austria. 

The  Emperor  of  the  French  shall  present  the  ceded  TeiYi- 
tory  to  the  King  of  Sardinia. 

Venetia  shall  form  part  of  the  Italian  Confederation,  re- 
maining, however,  subject  to  the  Crown  of  the  Emperor  of 
Austria. 


5/2 


THE  WAR  IN  ITALY 


The  Grand  Duke  of  Tuscany  and  the  Duke  of  Modena 
return  to  their  States,  granting  a general  amnesty. 

The  two  Emperors  shall  request  the  Holy  Father  to  intro- 
duce in  his  States  some  indispensable  reforms. 

Full  and  complete  Amnesty  is  granted  on  both  sides  to 
persons  compromised  on  the  occasion  of  the  recent  events 
in  the  territories  of  the  belligerents. 

Done  at  Villafranca,  nth  July,  1859. 

Napoleon.  Francis  Joseph. 

F.  Treaty  of  Zurich.  November  10,  1859.  De  Clercq, 
Traites,  VII,  643-649.  Translation,  Herstlet,  Map  of  Europe 
by  Treaty,  1380-1391. 

In  the  Name  of  the  Most  Holy  and  Indivisible  Trinity . 

His  Majesty  the  Emperor  of  Austria,  and  His  Majesty  the 
Emperor  of  the  French,  desirous  of  putting  an  end  to  the  cal- 
amities of  War,  and  of  preventing  the  recurrence  of  the  compli- 
cations which  gave  rise  to  it,  by  assisting  to  place  upon  solid 
and  durable  bases  the  internal  and  external  Independence  of 
Italy,  have  resolved  to  convert  into  a Definitive  Treaty  of  Peace 
the  Preliminaries  signed  by  their  hand  at  Villafranca. 

1.  There  shall  be  in  future  Peace  and  Friendship  between 
His  Majesty  the  Emperor  of  Austria  and  His  M'ajesty  the 
Emperor  of  the  French,  as  also  between  their  heirs  and  suc- 
cessors, their  respective  States  and  subjects,  forever. 

4.  His  Majesty  the  Emperor  of  Austria  renounces,  for 
himself  and  all  his  descendants  and  successors,  in  favour 
of  His  Majesty  the  Emperor  of  the  French,  hi.s  Rights  and 
Titles  to  Lombardy,  with  the  exception  of  the  Fortresses  of 
Peschiera  and  Mantua,  and  of  the  Territories  determined  by  the 
new  delimitation,  which  remain  in  the  possession  of  His  In>- 
perial  and  Royal  Apostolic  Majesty. 

5.  His  Majesty  the  Emperor  of  the  French  declares  his 
intention  of  handing  over  to  His  Majesty  the  King  of  Sardinia 
the  Territories  ceded  by  the  preceding  Article. 

18.  His  Majesty  the  Emperor  of  Austria  and  His  Majesty 


THE  WAR  IN  ITALY 


573 


the  Emperor  of  the  French  engage  to  make  every  effort  to 
encourage  the  creation  of  a Confederation  among  the  Italian 
States,  to  be  placed  under  the  honorary  presidency  of  the 
Holy  Father,  and  the  object  of  which  will  be  to  uphold  the 
Independence  and  Inviolability  of  the  Confederated  States, 
to  assure  the  development  of  their  moral  and  material  Interests, 
and  to  guarantee  the  Internal  and  External  Safety  of  Italy  by 
the  existence  of  a Federal  Army. 

Venetia,  which  remains  subject  to  the  Crown  of  His  Im- 
perial and  Royal  Apostolic  Majesty,  will  form  one  of  the 
States  of  this  Confederation,  and  will  participate  in  the  obli- 
gations, as  in  the  rights,  resulting  from  the  Federal  Pact,  the 
clauses  of  wihich  will  be  determined  by  an  Assembly  composed 
ot  the  representatives  of  all  the  Italian  States. 

19.  As  the  Territorial  Delimitation  of  the  Independent 
States  of  Italy,  who  took  no  part  in  the  late  War,  can  be 
changed  only  with  the  sanction  of  the  Powers  who  presided 
at  their  formation  and  recognized  their  existence,  the  Rights 
of  the  Grand  Duke  of  Tuscany,  of  the  Duke  of  Modena,  and 
of  the  Duke  of  Parma,  are  expressly  reserved  for  the  consid- 
eration of  the  High  Contracting  Parties. 

20.  Desirous  of  seeing  the  tranquility  of  the  States  of  the 
Church  and  the  power  of  the  Holy  Father  assured;  convinced 
that  such  object  could  not  be  more  efficaciously  attained  than 
by  the  adoption  of  a system  suited  to  the  wants  of  the  pop- 
ulations and  conformable  to  the  generous  intentions  already 
manifested  by  the  Sovereign  Pontiff,  His  Majesty  the  Em- 
peror of  the  French  and  His  Majesty  the  Emperor  of  Austria 
will  unite  their  efforts  to  obtain  from  His  Holiness  that  the 
necessity  of  introducing  into  the  administration  of  his  States 
the  Reforms  admitted  as  indispensable  shall  be  taken  into 
serious  consideration  by  his  Government. 

G.  Treaty  of  Turin.  March  24,  i860.  De  Clercq,  Traitcs, 
VIII,  32-35.  Translation,  Herstlet,  Map  of  Europe  by  Treaty, 
1 429- 1 45 1. 

In  the  Name  of  the  Most  Holy  and  Indivisible  Trinity. 

His  Majesty  the  Emperor  of  the  French  having  explained 
the  considerations  which,  in  consequnce  of  the  changes  which 


574 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


have  arisen  in  the  Territorial  relations  between  France  and 
Sardinia,  caused  him  to  desire  the  Annexation  of  Savoy  and 
the  Arrondissement  of  Nice  (Circo'ndario  di  Nizza)  to  France, 
and  His  Majesty  the  King  of  Sardinia  having  shown  himself 
disposed  to  acquiesce  in  it,  their  said  Majesties  have  decided 
to  conclude  a Treaty  for  that  purpose. 

I.  His  Majesty  the  King  of  Sardinia  consents  to  the  An- 
nexation of  Savoy  and  the  Arondissement  of  Nice  ( Circon - 
dario  di  Nizza ) to  France,  and  renounces  for  himself,  and 
all  his  Descendants  and  Successors,  in  favour  of  His  Majesty 
the  Emperor  of  the  French,  his  Rights  and  Titles  over  the  said 
Territories.  It  is  understood  between  their  Majesties  that 
this  Annexation  shall  be  effected  without  any  constraint  of  the 
wishes  of  the  Populations,  and  that  the  Governments  of  the 
Emperor  of  the  French  and  of  the  King  of  Sardinia  will  con- 
cert as  soon  as  possible  upon  the  best  means  of  appreciating 
and  verifying  the  manifestation  of  those  wishes. 


117.  Documents  upon  the  Evolution  of  the  Liberal  Empire. 


These  documents  show  the  steps  by  which  the  autocratic  re- 
gime of  the  first  eight  years  of  the  Second  Empire  was  gradually 
modified  and  the  character  of  the  system  finally  evolved  out  of 
rh«se  changes.  Three  things  should  be  noted  in  connection  with 
each  document:  (1)  the  concession  nominally  extended;  (2)  re- 
strictions and  qualifications  placed  upon  the  concessions,  if  any  ; 
(3)  concessions  withdrawn  to  counterbalance  those  extended,  if 
any. 

Reffkexces.  Dickinson,  Revolution  and  Reaction  in  Modern 
France,  229-231;  Seignobos,  Europe  Since  18V,,  176-184;  Andrews. 
Modern  Europe,  II,  169-186,  passim;  Lavisse  and  Rambaud.  Ilis- 
toire  Generate,  XI,  162-193,  passim. 

A.  Imperial  Decree  upon  the  Address  to  the  Throne. 
November  24,  i860.  Duvergier,  Lois,  LX,  592-593. 

Napoleon,  etc.,  wishing  to  give  to  the  great  bodies  of  the 
State  a more  direct  participation  in  the  general  policy  of 
our  government  and  a striking  testimonial  of  our  confidence, 
we  have  decreed : 

1.  The  Senate  and  the  Corps-Legislatif  shall  vote  every 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


575 


year  at  the  opening  of  the  session,  an  address  in  response  to 
our  speech. 

2.  The  address  shall  be  discussed  in  -the  presence  of  the 
commissioners  of  the  government,  who  shall  give  to  the  cham- 
bers all  the  necessary  explanations  upon  the  internal  and  for- 
eign policy  of  the  Empire. 

3.  In  order  to  facilitate  for  the  Corps-Legislatif  the  ex- 
pression of  its  opinion  in  the  formation  of  the  laws  and  the 
exercise  of  the  right  of  amendment,  article  54  of  our  decree  of 
March  22,  1852,  is  again  put  in  force,  and  the  rule  of  the 
Corps-Legislatif  is  modified  in  the  following  manner : 

“Immediately  after  the  distribution  of  the  projects  of  law 
and  upon  the  day  fixed  by  the  president,  the  Corps-Legislatif, 
before  appointing  its  commission,  meets  in  secret  committee : 
a concise  discussion  is  opened  upon  the  project  of  law,  and 
the  commissioners  of  the  government  take  part  in  it.” 

“The  present  provision  is  not  applicable  to  projects  of 
law  of  local  interest  nor  in  the  case  of  urgency.” 

4.  With  the  intent  of  rendering  the  reproduction  of  the 
debates  of  the  Senate  and  the  Corps-Legislatif  more  prompt 
and  more  complete,  the  following  project  for  a senatus- 
ccnsultum  shall  be  presented  to  the  Senate : 

“The  minutes  of  the  sittings  of  the  Senate  and  the  Corps- 
Legislatif,  drawn  up  by  the  secretary-editors  placed  under  the 
authority  of  the  president  of  each  assembly,  are  addressed  each 
evening  to  all  -the  newspapers.  In  addition,  the  debates  of  each 
sitting  are  repioduced  by  stenography  and  inserted  in  extcnso 
in  the  official  newspaper  of  the  next  day.” 

5.  The  Emperor  shall  designate  ministers  without  port- 
folio to  defend  before  the  chambers,  in  concert  with  the  pres- 
ident and  members  of  the  Council  of  State,  the  projects  of  law 
cf  the  government. 

6.  The  ministers  without  portfolio  have  the  rank  and  the 
compensation  of  the  ministers  in  office : they  form  part  of 
the  council  of  ministers  and  are  housed  at  the  expense  of  the 
State. 

7.  Our  minister  of  State  (M.  Walewski)  is  charged,  etc. 

B.  Senatus-Consultum  upon  the  Publication  of  Debates. 
February  2,  1861.  Duvergier,  Lois,  LXI,  50-58. 

Article  42  of  the  Constitution  is  modified  as  follows : 


576 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


“The  debates  of  the  sittings  of  the  Senate  and  the  Corps* 
Legislatif  are  reproduced  by  stenography  and  inserted  in  exten- 
so  in  the  official  newspaper  of  the  next  day. 

In  addition,  the  minutes  of  these  sittings,  drawn  up  by  the 
secretary-editors  placed  under  the  authority  of  the  president  of 
each  assembly,  are  put  each  evening  at  the  disposal  of  all  the 
newspapers. 

The  reports  of  the  sittings  of  the  Senate  and  the  Corps- 
Legislatif  by  the  newspapers,  or  any  other  method  of  publica- 
tion, shall  consist  only  in  the  reproduction  of  the  debates  in- 
serted in  extenso  in  the  official  newspaper,  or  the  report  drawn 
up  under  the  authority  of  the  president,  in  conformity  with 
the  preceding  paragraphs. 

Nevertheless,  when  several  projects  or  petitions  shall  have 
been  discussed  in  one  session,  it  shall  be  permissible  to  repro- 
duce only  the  debates  relative  to  one  of  these  projects  or  to  a 
single  one  of  these  petitions.  In  that  case,  if  the  discussion 
is  prolonged  through  several  sittings,  the  publication  must  be 
continued  up  to  and  including  the  vote  thereon. 

The  Senate,  upon  the  request  of  five  members,  can  decide 
to  form  itself  into  secret  committee. 

Article  13  of  the  senatus-consultum  of  December  25,  1852, 
is  abrogated  in  whatever  is  contrary  to  the  present  senatus- 
consultum. 

C.  Senatus-Consultum  upon  the  Budget.  December  31, 
1861.  Duvergier,  Lois,  LXI,  553-579. 

1.  The  budget  of  the  expenses  is  presented  to  the  Corps- 
Legislatif  with  its  divisions  into  sections,  chapters  and  articles. 

The  budget  of  each  minstry  is  voted  by  sections,  in  con- 
formity with  the  nomenclature  appended  to  the  present  senatus- 
consultum. 

The  distributions,  by  chapters,  of  the  credits  granted  for 
each  section,  is  regulated  by  decree  of  the  Emperor,  rendered 
in  Council  of  State. 

2.  Special  decrees,  rendered  in  the  same  form,  can  authorise 
transfers  from  one  chapter  to  another  in  the  budget  of  each 
ministry. 

3.  Supplementary  or  extraordinary  credits  can  be  granted 
only  by  virtue  of  a law. 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


577 


4.  The  provisions  of  existing  laws  in  that  which  concerns 
the  expenses  of  secret  services  remaining  to  be  paid,  the  ex- 
penses of  the  departments,  the  communes,  and  the  local  ser- 
vices, and  the  assistance  funds  for  expenses  of  public  interest 
are  not  altered. 

5.  Articles  4 and  12  of  the  senatus-consultum  of  December 
25,  1852,  are  modified  in  what  they  have  contrary  to  the  pres- 
ent senatus-consultum. 

[The  nomenclature  alluded  to.  in  article  1 is  omitted.] 

D.  Senatus-Consultum  upon  Amendments  to  the  Consti- 
tution. July  18,  1866.  Duvergier,  Lois,  LXVI,  318-326. 

1.  The  Constitution  cannot  be  discussed  by  any  public 
power  other  than  the  Senate  proceeding  in  the  forms  which 
it  determines. 

A petition  having  for  its  object  any  modification  whatever 
or  an  interpretation  of  the  Constitution  can  be  reported  in  a 
general  session  only  if  the  examination  thereof  has  been  author- 
ised by  at  least  three  out  of  the  five  bureaux  of  the  Senate. 

2.  All  discussion  having  for  its  object  the  criticism  or  the 
modification  of  the  Constitution  is  forbidden,  also  the  publica- 
tion or  reproduction  thereof  by  the  periodical  press,  by  poster.;, 
or  by  non-periodical  writings  of  the  dimensions  determined  by 
paragraph  1 of  article  9 of  the  decree  of  February  17,  1852. 

Petitions  having  for  their  object  a modification  or  an  inter- 
pretation of  the  Constitution  can  be  made  public  only  by  the 
publication  of  the  official  report  of  the  sitting  at  which  they 
have  been  reported. 

Every  infraction  of  the  provisions  of  the  present  article 
constitutes  a contravention  punishable  by  a fine  of  from  five 
hundred  to  ten  thousand  francs. 

3.  Article  40  of  the  Constitution  of  January  14,  1852.  is 
modified  as  follows : 

Article  40.  The  amendments  adopted  by  the  commission 
charged  to  examine  a project  of  law  are  sent  back  to  the 
Council  of  State  by  the  president  of  the  Corps-Legislatif. 

The  amendments  not  adopted  by  the  commission  or  by  the 
Council  of  State  can  be  taken  into  consideration  by  the  Corps- 
Legislatif  and  sent  back  to  the  commission  for  a new  exam- 
ination. 


19 


578 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


If  the  commission  does  not  propose  any  new  draft,  or  if 
that  which  it  proposes  is  not  adopted  by  the  Council  of  State, 
the  original  text  of  the  project  alone  is  put  in  deliberation. 

4.  The  provision  of  article  41  of  the  Constitution  of  Jan- 
uary 14,  1852,  which  limits  to  three  months  the  duration  of 
the  ordinary  sessions  of  the  Corps-Legislatif,  is  abrogated.  A 
decree  of  the  Emperor  pronounces  the  closure  of  each  session. 

The  compensation  allowed  for  the  deputies  of  the  Corps- 
Legislatif  is  fixed  at  twelve  thousand  five  hundred  francs  for 
each  ordinary  session,  whatever  may  be  the  duration  thereof. 

In  case  of  extraordinary  session,  the  compensation  con- 
tinues to  be  regulated  in  conformity  with  article  14  of  the  sen- 
atus-consultum  of  December  25,  1852. 

E.  Imperial  Decree  upon  Interpellation.  January  19,  1867. 
Duvergier,  Lois,  LXVII,  21-22. 

Napoleon,  etc.,  wishing  to  give  to  the  discussions  of  the 
great  bodies  of  State  upon  the  foreign  and  internal  policy  of 
the  government  more  utility  and  more  accuracy,  we  have  de- 
creed : 

1.  The  members  of  the  Senate  and  the  Corps-Legislacif 
can  address  interpellations  to  the  government. 

2.  Every  request  for  interpellation  must  be  written  and 
signed  by  at  least  five  members.  This  request  explains  briefly 
the  object  of  the  interpellations;  it  is  delivered  to  the  pres- 
ident, who  communicates  it  to  the  minister  of  State  and  sends 
it  to  the  examination  of  the  bureaux. 

3.  If  two  bureaux  of  the  Senate  or  four  bureaux  of  the 
Corps-Legislatif  express  the  opinion  that  the  interpellation  can 
take  place,  the  Chamber  fixes  the  day  of  the  discussion. 

4.  After  the  closure  of  the  discussion,  the  Chamber  pro- 
nounces the  order  of  the  day  pure  and  simple  or  sends  it  again 
to  the  government. 

5.  The  order  of  the  day  pure  and  simple  has  always  prior- 
ity. 

6.  The  sending  again  to  the  government  can  be  declared 
only  in  the  following  terms:  “The  Senate  (or  the  Corps-Leg- 
islatif) calls  the  attention  of  the  government  to  the  object  of 
the  interpellations.”  In  this  case,  an  epitome  of  the  delibera- 
tion is  transmitted  to  the  minister  of  State. 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


579 


7.  Each  of  the  ministers,  by  a special  delegation  of  the  Em- 
peror, can  be  charged,  in  concert  with  the  minister  of  State 
and  the  president  and  the  members  of  the  Council  of  State, 
to  represent  the  government  before  the  Senate  and  the  Corps- 
Legislatif,  in  the  discussion  of  affairs  or  of  the  projects  of 
law. 

8.  Articles  1 and  2 of  our  decree  of  November  24,  i860, 
which  enacted  that  the  Senate  and  the  Corps-Legislatif  should 
vote  every  year  at  the  opening  of  the  session  an  address  in 
response  to  our  speech,  are  abrogated. 

9.  Our  minister  of  State  (M.  Rouher)  is  charged,  etc. 

F.  Senatus-Consultum  upon  the  Powers  of  the  Senate. 
March  14,  1867.  Duvergier,  Lois,  LXVII,  44-52. 

Article  26  of  the  Constitution  is  modified  in  the  following 
manner : 

Art.  26.  The  Senate  opposes  the  promulgation : 

1.  Of  laws  which  would  be  contrary  to  or  would  constitute 
an  attack  upon  the  Constitution,  religion,  morality,  liberty  of 
worship,  personal  liberty,  the  equality  of  citizens  before  the  law, 
the  inviolability  of  property,  and  the  principle  of  the  irremov- 
ability of  judges; 

Of  those  which  might  compromise  the  defence  of  the  ter- 
ritory. 

The  Senate  can,  in  addition,  before  pronouncing  upon  the 
promulgation  of  a law,  decide  by  a resolution  with  a statement 
of  reasons  that  this  law  shall  be  submitted  to  a new  delibera- 
tion of  the  Corps-Legislatif. 

This  new  deliberation  shall  occur  only  in  a subsequent  ses- 
sion, unless  the  Senate  has  recognized  that  there  is  urgency. 

When,  in  a second  deliberation,  the  Corps-Legislatif  has 
adopted  the  law  without  changes,  the  Senate,  taking  it  up 
again,  deliberates  only  upon  the  question  whether  it  opposes  or 
not  the  promulgation  of  the  law,  in  conformity  with  numbers 
1 and  2 of  the  present  article. 

G.  Senatus-Consultum.  September  8,  1869.  Duvergier, 
Lois,  LXIX,  268-289. 

1.  The  Emperor  and  the  Corps-Legislatif  have  the  introduc- 
tion of  the  laws. 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


580 


2.  The  ministers  are  dependent  only  upon  the  Emperor. 

They  deliberate  in  council  under  his  presidency. 

They  are  responsible. 

They  can  be  put  in  accusation  only  by  the  Senate. 

3.  The  ministers  can  be  members  of  the  Senate  and  the 
Corps-Legislatif. 

They  have  entrance  into  both  assemblies  and  must  be  heard 
whenever  they  demand  it. 

4.  The  sittings  of  the  Senate  are  public.  The  request  of 
five  members  suffices  for  it  to  form  itself  into  secret  com- 
mittee. 

5.  The  Senate,  in  indicating  the  modifications  of  which  a 
law  seems  to  it  susceptible,  can  decide  that  it  shall  be  sent  back 
for  a new  deliberation  of  the  Corps-Legislatif. 

It  can,  in  any  case,  oppose  the  promulgation  of  the  law. 

The  law  to  the  promulgation  of  which  the  Senate  is  op- 
posed cannot  be  again  presented  to  the  Corps-Legislatif  in  the 
same  session. 

6.  At  the  opening  of  each  session,  the  Corps-Legislatif  ap- 
points its  president,  vice-presidents  and  secretaries. 

It  appoints  its  questors. 

7.  Every  member  of  the  Senate  and  of  the  Corps-Leg- 
islatif has  the  right  to  address  an  interpellation  to  the  govern- 
ment. 

Orders  of  the  day,  with  statements  of  reasons,  can  be 
adopted. 

The  return  to  the  bureaux  of  an  order  of  the  day  with  a 
statement  of  reasons  is  a right  when  the  government  requests 
it. 

The  bureaux  appoint  a commission,  upon  the  summary- 
report  of  which  the  assembly  pronounces. 

8.  No  amendment  can  be  put  in  deliberation  unless  it  has 
been  sent  to  the  commission  charged  to  examine  the  project 
of  law  and  communicated  to  the  government. 

When  the  government  and  the  commission  do  not  agree,  the 
Council  of  State  gives  its  opinion  and  the  Corps-Legislatif  pro- 
nounces. 

9.  The  budget  of  expenses  is  presented  to  the  Corps-Legis- 
latif by  chapters  and  articles. 

The  budget  of  each  ministry  is  voted  by  chapters,  in  con- 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


581 


formity  with  the  nomenclature  annexed  to  the  present  senatus- 
consultum. 

10.  Future  modifications  by  international  treaties  in  the 
schedules  of  the  custom-duties  and  the  postoffice  shall  become 
binding  only  in  virtue  of  a law. 

11.  The  existing  constitutional  relations  between  the  gov- 
ernment of  the  Emperor,  the  Senate,  and  the  Corps-Legislatif 
can  be  modified  only  by  a senatus-consultum. 

The  regular  relations  between  these  authorities  are  estab- 
lished by  imperial  decree. 

The  Senate  and  the  Corps-Legislatif  frame  their  own  in- 
ternal regulations. 

12.  All  provisions  contrary  to  the  present  senatus-con- 
sultum, and  in  particular  articles  8 and  13,  the  second  par- 
agraph of  article  24,  articles  26  and  40,  the  fifth  paragraph  of 
article  42,  the  first  paragraph  of  article  43  and  article  44  of 
the  Constitution ; articles  3 and  5 of  the  senatus-consultum  of 
December  25,  1852 ; article  1 of  the  senatus-consultum  of  De- 
cember 31,  1861,  are  abrogated. 

[The  nomenclature  alluded  to  in  article  nine  is  omitted.] 

H.  Senatus-Consultum.  May  21,  1870.  Duvergier,  Lois, 
LXX,  123-128. 

Napoleon,  etc.,  in  view  of  our  decree  of  April  23  last, 
which  convoked  the  French  people  in  their  assemblies,  in  order 
to  accept  or  reject  the  following  plebiscite: 

“The  people  approve  the  liberal  reforms  effected  in  the  Con- 
stitution since  i860  by  the  Emperor  with  the  co-operation  of  the 
great  bodies  of  the  State,  and  ratify  the  senatus-consultum  of 
April  20,  1870;” 

In  view  of  the  declaration  of  the  Corps-Legislatif  which 
attests  that  the  operations  of  the  vote  have  been  regularly 
carried  out;  that  the  general  return  of  the  votes  cast  upon  the 
project  of  plebiscite  has  given  seven  million  three  hundred 
and  fifty  thousand  one  hundred  forty-two  ballots  bearing  the 
word,  yes ; fifteen  hundred  thirty-eight  thousand  eight  hundred 
and  twenty-five  bearing  the  word,  no;  one  hundred  twelve 
thousand  nine  hundred  and  seventy-five  invalid  ballots ; 

We  have  sanctioned  and  promulgated  as  law  of  the  State 


582 


EVOLUTION  OP  THE  LIBERAL  EMPIRE 


the  senatus-consultum  adopted  by  the  Senate,  April  20,  1870, 
and  of  the  following  tenor  : 

Senatus-Consultum  Establishing  the  Constitution  of 
the  Empire. 

title  1. 

1.  The  Constitution  recognizes,  confirms  and  guarantees 
the  grand  principles  proclaimed  in  1789  and  which  are  the 
basis  of  the  public  law  of  the  French. 

TITLE  II.  OF  THE  IMPERIAL  DIGNITY  AND  OF  THE  REGENCY. 

2.  The  imperial  dignity,  re-established  in  the  person  of 
Napoleon  III  by  the  plebiscite  of  November  21  and  22,  1852, 
is  hereditary  in  the  direct  and  legitimate  lineage  of  Louis- 
Napoleon  Bonaparte,  from  male  to  male,  by  order  of  primo- 
geniture, and  to  the  perpetual  exclusion  of  women  and  their 
descendants. 

3.  Napoleon  III,  if  he  has  no  male  child,  can  adopt  the 
children  and  the  legitimate  descendants  in  the  masculine  line 
of.  the  brothers  of  the  Emperor  Napoleon  I. 

The  forms  of  adoption  are  regulated  by  a law. 

If,  after  the  adoption,  male  children  come  to  Napoleon  III, 
his  adopted  sons  can  be  called  to  succeed  him  only  after  his 
legitimate  descendants. 

Adoption  is  forbidden  to  the  successors  of  Napoleon  III 
and  their  descendants. 

4.  In  default  of  legitimate  heirs,  direct  or  adopted,  Prince 
Napoleon  (Joseph-Charlqs-Paul)  and  his  direct  and  legitimate 
descendants,  from  male  to  male,  by  order  of  primogeniture 
and  to  the  perpetual  exclusion  of  women  and  their  descend- 
ants, are  called  to  the  throne. 

5.  In  default  of  legitimate  or  adopted  heirs  of  Napoleon 
III  and  his  successors  in  the  collateral  line  who  obtain  their 
rights  from  the  preceding  article,  the  people  select  the  Emperor 
and  regulate,  within  his  family,  the  order  of  inheritance  from 
male  to  male,  to  the  perpetual  exclusion  of  women  and  their 
descendants. 

The  project  of  plebiscite  is  successively  deliberated  upon 
by  the  Senate  and  the  Corps-Legislatif,  upon  the  proposal 
of  the  ministers,  formed  into  council  of  government. 

Until  the  moment  at  which  the  election  of  the  new  Em- 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


583 


peror  is  completed,  the  affairs  of  the  State  are  governed  by 
the  ministers  in  office,  who  form  themselves  into  a council  of 
government  and  determine  by  the  majority  of  votes. 

6.  The  members  of  the  family  o,f  Napoleon  III  called 
eventually  to  the  inheritance  and  their  descendants  of  both 
sexes  form  part  of  the  imperial  family. 

They  cannot  marry  without  the  authorisation  of  the  Em- 
peror. Their  marriage  without  that  authorisation  entails 
deprivation  of  all  right  to  the  inheritance,  both  for  the  one 
who  has  contracted  it  and  his  descendants. 

Nevertheless,  if  there  are  no  children  from  this  marriage, 
in  case  of  dissolution  caused  by  decease,  the  prince  who  has 
contracted  it  recovers  his  rights  to  the  inheritance. 

The  Emperor  determines  the  titles  and  the  status  of  the 
other  members  of  his  family. 

He  has  full  authority  over  them ; he  regulates  their  duties 
and  their  rights  by  statutes  which  have  the  force  of  law. 

7.  The  regency  of  the  Empire  is  regulated  by  the  senatus- 
consultum  of  July  17,  1856. 

8.  The  members  of  the  imperial  family  called  eventually 
to  the  inheritance  take  the  title  of  French  Princes. 

The  eldest  son  of  the  Emperor  bears  the  title  of  Prince 
Imperial. 

9.  The  French  Princes  are  members  of  the  Senate  and  of 
the  Council  of  State  when  they  have  reached  the  age  of  eight- 
een completed  years.  They  can  sit  therein  only  with  the  ap- 
proval of  the  Emperor. 

TITLE  III.  FORMS  OF  THE  GOVERNMENT  OF  THE  EMPEROR. 

10.  The  Emperor  governs  with  the  assistance  of  the  min- 
isters, the  Senate,  the  Corps-Legislatif,  and  the  Council  of 
State. 

11.  The  legislative  power  is  exercised  collectively  by  the 
Emperor,  the  Senate,  and  the  Corps-Legislatif. 

12.  The  introduction  of  the  laws  belongs  to  the  Emperor, 
the  Senate  and  the  Corps-Legislatif. 

The  projects  of  law  emanating  from  the  initiative  of  the 
Emperor  can  at  his  option  be  transmitted  to  either  the  Senate 
or  the  Corps-Legislatif. 

Nevertheless,  every  tax-law  must  be  first  voted  by  the 
Corps-Legislatif. 


5§4 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


TITLE  IV.  OF  THE  EMPEROR. 

13.  The  Emperor  is  responsible  to  the  French  people,  to 
whom  he  has  always  the  right  to  make  appeal. 

14.  The  Emperor  is  the  Head  of  the  State.  He  commands 
the  land  and  naval  forces,  declares  war,  makes  treaties  of 
peace,  alliance  and  commerce,  appoints  to  all  offices,  makes 
the  rules  and  decrees  necessary  for  the  execution  of  the  laws. 

15.  Justice  is  rendered  in  his  name. 

The  irremovability  of  the  judges  is  maintained. 

16.  The  Emperor  has  the  right  to  pardon  and  to  grant  am- 
nesties. 

17.  He  sanctions  and  promulgates  the  laws. 

18.  Future  modifications  by  international  treaties  in  the 
schedules  of  the  custom-duties  and  the  postoffice  shall  be  bind- 
ing only  in  virtue  of  a law. 

19.  The  Emperor  appoints  and  removes  the  ministers. 

The  ministers  deliberate  in  council  under  the  presidency  of 

the  Emperor. 

They  are  responsible. 

20.  The  ministers  can  be  members  of  the  Senate  or  of  the 
Corps-Legislatif. 

They  have  entrance  into  both  assemblies  and  must  be 
heard  whenever  they  request  it. 

21.  The  ministers,  the  members  of  the  Senate,  of  the  Corps- 
Legislatif  and  of  the  Council  of  State,  the  officers  of  the  army 
and  navy,  the  judges  and  the  public  functionaries  take  the 
following  oath : 

“I  szvear  obedience  to  the  Constitution  and  fidelity  to  the 
Emperor 

22.  The  senatus-consulta  of  December  12,  1852,  and  of 
April  23,  1856,  upon  the  endowment  of  the  crown  and  the  civil 
list,  remain  in  force. 

However,  there  shall  be  a law  enacted  in  the  case  provided 
for  by  articles  8,  11  and  16  of  the  senatus-consultum  of  De- 
cember 12,  1852. 

For  the  future,  the  endowment  of  the  crown  and  the  civil 
list  shall  be  fixed,  for  the  entire  duration  of  the  reign,  by  the 
[first?]  legislature  which  shall  meet  after  the  accession  of  the 
Emperor. 


EVOLUTION  OF  THE  LIBERAL  EMPIRE 


585 


TITLE  V.  OF  THE  SENATE. 

23.  The  Senate  is  composed : 

1st.  Of  the  cardinals,  marshals  and  admirals. 

2d.  Of  the  citizens  whom  the  Emperor  raises  to  the  dignity 
of  senator. 

24.  The  decrees  of  appointment  of  the  senators  are  indi- 
vidual. They  recount  the  services  and  indicate  the  titles  upon 
which  the  appointment  is  based. 

No  other  condition  can  be  imposed  upon  the  choice  of  the 
Emperor. 

25.  Senators  are  irremovable  and  for  life. 

26.  The  number  of  the  senators  can  be  brought  to  two- 
thirds  of  that  of  the  members  of  the  Corps-Legislatif,  including 
therein  the  senators  ex-officio. 

The  Emperor  cannot  appoint  more  than  twenty  senators 
per  annum. 

27.  The  president  and  vice-president  of  the  Senate  are  ap- 
pointed by  the  Emperor  and  chosen  from  among  the  senators. 

They  are  appointed  for  one  year. 

28.  The  Emperor  convokes  and  prorogues  the  Senate. 

He  pronounces  the  closure  of  the  sessions. 

29.  The  sittings  of  the  Senate  are  public. 

Nevertheless,  the  Senate  can  form  itself  into  secret  com- 
mittee in  the  case  and  according  to  the  conditions  determined 
by  its  rule. 

30.  The  Senate  discusses  and  votes  the  projects  of  law. 

TITLE  VI.  OF  THE  CORPS-LEGISLATIF. 

31.  The  deputies  are  elected  by  universal  suffrage,  without 
scrutin  de  liste. 

32.  They  are  elected  for  a term  which  cannot  be  less  than 
six  years. 

33.  The  Corps-Legislatif  discusses  and  votes  the  projects 
of  law. 

34.  The  Corps-Legislatif  elects,  at  the  opening  of  each 
session,  the  members  who  compose  its  bureau. 

35.  The  Emperor  convokes,  adjourns,  prorogues  and  dis- 
solves the  Corps-Legislatif. 

In  case  of  dissolution,  the  Emperor  shall  convoke  a new 
one  within  a period  of  six  months. 

The  Emperor  pronounces  the  closure  of  the  Corps-Legislatif. 


586 


THE  PERSIGNY  CIRCULAR 


36.  The  sittings  of  the  Corps-Legislatif  are  public. 

Nevertheless,  the  Corps-Legislatif  can  form  itself  into  secret 

committee  in  the  cases  and  according  to  the  conditions  deter- 
mined by  its  rule. 

TITLE  VII.  OF  THE  COUNCIL  OF  STATE. 

37.  The  Council  of  State  is  charged,  under  the  direction  of 
the  Emperor,  to  draw  up  the  projects  of  law  and  the  rules  of 
public  administration,  and  to  settle  the  difficulties  which  arise 
in  matters  of  administration. 

38.  The  Council  carries  on,  in  the  name  of  the  government, 
the  discussion  of  the  projects  of  law  before  the  Senate  and 
the  Corps-Legislatif. 

39.  The  Councillors  of  State  are  appointed  by  the  Emperor 
and  are  removable  by  him. 

40.  The  ministers  have  rank,  sitting  and  deliberative  voice 
in  the  Council  of  State. 

TITLE  VIII.  GENERAL  PROVISIONS. 

41.  The  right  of  petition  is  exercised  before  the  Senate 
and  the  Corps-Legislatif. 

4 2.  Articles  19,  25,  27,  28,  29,  30,  31,  32,  33  of  the  Con- 
stitution of  January  14,  1852;  article  2 of  the  senatus-consultum 
of  December  25,  1852;  articles  5 and  8 of  the  senatus-con- 
sultum of  September  8,  1869 ; and  all  the  provisions  contrary  to 
the  present  Constitution  are  abrogated. 

43.  The  provisions  of  the  Constitution  of  January  14,  1852, 
and  those  of  the  senatus-consulta  promulgated  since  that  date 
which  are  not  included  in  the  present  Constitution  and  are  not 
abrogated  by  the  preceding  article  have  the  force  of  law. 

44.  The  Constitution  can  be  modified  only  by  the  people, 
upon  the  proposal  of  the  Emperor. 

45.  The  changes  and  the  additions  effected  in  the  plebiscite 
of  December  20  and  21,  1851,  by  the  present  Constitution  shall 
be  submitted  to  the  approval  of  the  people  in  the  forms  deter- 
mined by  the  decrees  of  December  2 and  4,  1851,  and  November 
7,  1852. 

However,  the  balloting  shall  continue  but  a single  day. 

118.  The  Persigny  Circular. 

May  8,  1SG3.  Moniteur,  May  9,  1863. 

This  letter  was  sent  to  the  prefects  by  the  minister  of  the  in- 


THE  PERSIGNY  CIRCULAR 


587 


terior,  I’ersigny,  during  the  electoral  campaign  of  1803.  It  shows 
something  of  the  methods  by  which  the  imperial  government  in- 
fluenced the  elections  and  gives  in  concise  form  a number  of  the 
principal  arguments  employed  in  defence  of  the  imperial  regime. 

Reference.  Andrews.  Modern  Europe,  II,  171-172. 

Paris,  May  8,  1863. 

Mr.  Prefect. 

The  elections  which  are  being  prepared  for  will  be  for 
France  a new  opportunity  to  strengthen  before  Europe  the  in- 
stitutions which  it  has  given  itself. 

Under  these  circumstances  I scarcely  need  to  remind  you 
of  the  principles  which  ought  to  serve  you  for  guidance.  You 
will  not  forget  that  the  Empire  is  the  expression  of  the  needs, 
feelings,  and  interests  of  the  masses,  and  that,  before  rallying 
to  it  all  the  living  forces  of  the  nation,  it  was  in  the  cottage  of 
the  people  that  it  passed  its  infancy. 

Strong  in  his  providential  origin,  the  Elect  of  the  people 
has  realized  all  the  hopes  of  France,  which  he  found  in  anarchy, 
misery  and  abasement,  into  which  the  regime  of  the  rhetoricians 
had  thrown  it,  and  a few  years  have  sufficed  for  him  to  raise 
it  to  the  highest  degree  of  wealth  and  grandeur. 

We  know  how  in  this  country  distracted  by  so  many  rev- 
olutions, political,  social  and  religious  order  has  been  restored, 
and  the  security  of  persons  and  property  established  as  it  never 
had  been ; how,  in  ten  years,  wealth  in  personal  property  has 
been  doubled  and  wealth  in  lands  augmented  by  7 to  8 milliards, 
and  the  public  revenue  increased  by  300  millions ; how  the 
territory  has  been  ploughed  over  with  macadamised  roads, 
highways  and  cross  roads,  and  enriched  with  innumerable  pub- 
lic works ; how,  finally,  the  glorious  triumphs  of  our  armies  and 
the  high  influence  yielded  to  our  policy  abroad  have  come  to 
crown  a development  of  prosperity  until  now  without  ex- 
ample in  the  world. 

History  will  tell  by  what  prodigies  of  wisdom,  courage 
and  skill,  the  Elect  of  the  people  has  accomplished  all  these 
things ; but  it  will  reveal  also  the  secret  of  his  astonishing 
fortune,  I mean  to  say  the  absolute  confidence,  the  touching 
fidelity  with  which,  in  peace  or  in  war,  in  bad  as  well 


588  THE  PERSIGNY  circular 

as  in  good  circumstances,  the  French  people  have  not  ceased 
to  support,  surround  and  defend  him. 

It  is  to  this  confidence  that  the  Emperor  again  makes  ap- 
peal. He  asks  from  the  country  a legislature  which 
will  be  as  devoted  as  the  two  preceding  and  will  have  no  other 
preoccupation  than  the  future  of  the  Empire. 

Mr.  Prefect,  if  in  France,  as  in  England,  parties  were 
divided  only  upon  the  conduct  of  affairs,  but  were  all  equally 
attached  to  our  fundamental  institutions,  the  Government  could 
confine  itself  in  the  elections  to  attendance  upon  the  conflict 
of  opinions.  But  in  a country  such  as  ours,  which,  after  so 
many  convulsions,  has  been  seriously  constituted  only  for  ten 
years  past,  that  regular  play  of  parties,  which  with  our  neigh- 
bors so  happily  makes  the  public  liberties  fruitful,  would  at 
present  result  only  in  prolonging  revolution  and  in  compn> 
mising  liberty;  for  with  us  there  are  parties  which  are  still 
only  factions.  Formed  out  of  the  debris  of  overturned  gov- 
ernments, and  although  enfeebled  each  day  by  time,  which  alone 
can  cause  them  to  disappear,  they  seek  to  penetrate  to  the  heart 
of  our  institutions  only  in  order  to  vitiate  the  principles  upon 
which  these  rest,  and  they  invoke  liberty  only  in  order  to 
turn  it  against  the  State. 

In  the  presence  of  a coalition  of  animosities,  rancors  and 
ill-humors  opposed  to  the  great  things  of  the  Empire,  your  duty, 
Mr.  Prefect,  is  quite  naturally  traced.  Filled  with  the  liberal 
and  democratic  spirit  of  our  institutions,  which  the  Emperor 
applies  himself  every  day  to  develop,  you  will  address  yourself 
only  to  the  reason  and  heart  of  the  people.  Allow  everybody 
to  freely  produce  candidatures,  to  publish  and  distribute  pro- 
fessions of  faith  and  ballots,  according  to  the  forms  prescribed 
by  our  laws.  Look  after  the  maintenance  of  order  and  the 
regularity  of  the  electoral  operations.  It  is  for  everybody  a 
right  and  for  you  a duty  to  combat  energetically  all  disloyal 
maneuvers,  intrigue,  surprise  and  fraud,  and,  lastly,  to  assure 
the  liberty  and  sincerity  of  the  ballot  and  the  honesty  of  the 
election. 

The  suffrage  is  free.  But,  in  order  that  the  good  faith  of 
the  people  may  not  be  deceived  by  skillful  tongues,  or  by  equiv- 
ocal professions  of  faith,  designate  openly,  as  in  preceding 
elections,  the  candidates  who  impart  the  most  confidence 


LAW  UPON  PUBLIC  MEETINGS 


589 


to  the  Government.  Let  the  people  know  who  are  friends  or 
the  more  or  less  disguised  adversaries  of  the  Empire,  and  let 
them  pronounce  in  entire  liberty,  but  in  perfect  knowledge  of 
the  case. 

We  are  no  longer  in  the  time  when  elections  were  in  the 
hands  of  a small  number  of  privileged  persons  who'  disposed 
of  the  destinies  of  the  country.  Thanks  to  the  Emperor,  who 
has  known  how  to  resist  both  former  and  recent  attempts  of 
all  the  parties  to  restrict  universal  suffrage,  and  who  has  de- 
termined to  maintain  the  right  of  every  Frenchman  to  be  an 
elector,  France  to-day,  in  possession  of  the  most  extensive 
suffrage  that  exists  in  Europe,  counts  10  million  electors, 
voting  by  secret  ballot,  each  having  to  render  account  for  his 
vote  only  to  God  and  to  his  own  conscience : it  is  the  entire  na- 
tion which,  mistress  of  itself,  cannot  be  dominated,  forced 
nor  corrupted  by  anybody. 

Receive,  Mr.  Prefect,  the  assurance  of  my  very  distin- 
guished consideration.  The  Minister  of  the  Interior. 

F.  de  Persigny. 


119.  Law  upon  Public  Meetings. 

June  6,  1868.  Duvergier,  Lois , LXVIII,  186-208. 

This  law  shows  how  the  right  to  hold  public  meetings  was  re- 
stricted under  the  Second  Empire.  It  should  be  noted  that  the 
system  outlined  in  this  law  is  a “liberal  concession,”  being  less 
restrictive  than  that  in  force  from  1852  to  1868. 

References.  Seignobos,  Europe  Since  1S1J,,  179  ; Lavisse  and 
Rambaud,  Uistoirc  Generate,  XI,  185. 

TITLE  I.  OF  NON-POLITICAL  PUBLIC  MEETINGS. 

1.  Public  meetings  can  take  place  without  previous  author- 
isation, under  the  conditions  prescribed  in  the  following  arti- 
cles. 

Nevertheless,  public  meetings  whose  object  is  to  treat  of 
political  or  religious  'matters  continue  to  be  subject  to  that 
authorisation. 

2.  Each  meeting  must  be  preceded  by  a declaration  signed 


59° 


LAW  UPON  PUBLIC  MEETINGS 


by  seven  persons  who  are  domiciled  in  the  canton  in  which  it 
must  take  place  and  who  are  in  the  enjoyment  of  their  civil 
and  political  rights. 

This  declaration  sets  forth  the  names,  status  and  domiciles 
of  the  declarants  and  the  place,  day  and  hour  of  sitting,  as  well 
as  the  definite  and  particular  purpose  of  the  meeting. 

At  Paris,  it  is  sent  to  the  prefect  of  police ; in  the  depart- 
ments, to  the  prefect  or  sub-prefect. 

A receipt  for  it,  which  must  be  presented  at  every  requisition 
of  the  agents  of  authority,  is  immediately  given. 

The  meeting  cannot  take  place  until  three  full  days  after  the 
delivery  of  the  receipt. 

3.  A meeting  can  be  held  only  in  a closed  and  covered 
place.  It  cannot  be  prolonged  beyond  the  hour  fixed  by  the 
competent  authority  for  the  closing  of  public  places. 

4.  Each  meeting  must  have  a bureau  composed  of  a pres- 
ident and  of  at  least  two  assistants  who  are  charged  to  main- 
tain order  in  the  assembly  and  to  prevent  any  infraction  of 
the  laws. 

The  members  of  the  bureau  must  not  tolerate  the  discussion 
of  any  question  foreign  to  the  purpose  of  the  meeting. 

5.  A functionary  of  the  judicial  or  administrative  corps, 
delegated  by  the  administration,  can  be  present  at  the  meeting. 

He  must  be  invested  with  his  symbols  and  takes  a place  at 
his  choice. 

6.  The  functionary  who  is  present  at  the  meeting  has  the 
right  to  pronounce  its  dissolution:  1st,  if  the  bureau,  although 
cautioned,  allows  questions  foreign  to  the  purpose  of  the  meet- 
ing to  be  brought  under  discussion ; 2d,  if  the  meeting  becomes 
turbulent. 

The  persons  assembled  are  required  to  separate  at  the  first 
requisition. 

The  delegate  draws  up  a record  of  the  facts  and  transmits 
it  to  the  competent  authority. 

TITLE  II.  OF  PUBLIC  ELECTORAL  MEETINGS. 

8.  Electoral  meetings  can  be  held  from  the  promulgation  of 
the  degree  of  convocation  of  a college  for  the  election  of  a 
deputy  to  the  Corps-Legislatif  until  the  fifth  day  before  that  fix- 
ed for  the  opening  of  the  ballot. 


THE  BENEDETTI  TREATY 


591 


Only  the  electors  of  the  electoral  circumscription  and  the 
candidates  who  have  fulfilled  the  formalities  prescribed  by  ar- 
ticle 1 of  the  senatus-consultum  of  February  17,  1858,  can  be 
present  at  this  meeting. 

In  order  to  be  admitted  they  must  make  known  their  names, 
status  and  domicile. 

The  meeting  cannot  take  place  until  one  full  day  after  the 
delivery  of  the  receipt  which  must  immediately  follow  the  dec- 
laration. 

All  the  other  requirements  of  articles  2,  3,  4,  5 and  6 are 
applicable  to  electoral  meetings. 


120.  I he  Proposed  Benedetti  Treaty. 

August  20.  1866.  Translation,  Messages  and  Documents,  De- 
partment of  State , 199. 

This  document  may  be  regarded  as  a type  of  numerous  pro- 
posals made  to  Prussia  by  Napoleon  III  for  the  purpose  of  se- 
curing- to  France  some  territorial  compensation  as  reward  for  its 
neutrality  during  the  German  wars,  1864-1866.  Quite  different 
accounts  of  this  transaction  are  given  by  Bismarck  and  Benedetti, 
the  French  minister  at  Berlin.  The  original  is  in  the  handwriting 
of  Benedetti.  but  he  declares  that  he  wrote  at  the  dictation  of 
Bismarck.  The  document  was  made  public  by  Bismarck  at  the 
beginning  of  the  Fran  co-Prussian  war. 

References.  Fyffe.  Modern  Europe,  III,  381-385  (Popular  ed., 
959-961)  : Andrews,  Modern  Europe,  II,  253-254:  Headlam.  Bis- 
marck, 262-283. 


His  Majesty  the  King  of  Prussia  and  his  Majesty  the 
Emperor  of  the  French,  deeming  it  useful  to  draw  closer 
the  bonds  of  friendship  which  unite  them,  and  to  consolidate 
the  relations  of  good  neighborhood  happily  existing  between 
the  two  countries,  and  being  convinced,  on  the  other  hand, 
that  to  attain  this  result,  which  is  calculated  besides  to  assure 
the  maintenance  of  the  general  peace,  it  behooves  them  to 
come  to  an  understanding  on  questions  which  concern  their 
future  relations,  have  resolved  to  conclude  a treaty  to  this 
effect  and  named  in  consequence  as  their  plenipotentiaries,  that 
is  to  say: 


592 


TIIE  BENEDETTI  TREATY 


His  Majesty,  &c.,  &c. 

His  Majesty,  &c.,  &c. 

Who,  having  exchanged  their  full  powers,  found  to  be 
in  good  and  proper  form,  have  agreed  upon  the  following 
articles : 

Article  I.  His  Majesty  the  Emperor  of  the  French  admits 
and  recognizes  the  acquisitions  which  Prussia  has  made  as 
the  result  of  the  last  war  which  she  sustained  against  Austria 
and  her  allies,  [aw  also  the  arrangements  adopted  or  to  be 
adopted  for  constituting  a confederation  in  North  Germany, 
engaging  at  the  same  time  to  render  his  support  for  the  main- 
tenance of  that  zvo'rk .] 

Article  II.  His  Majesty  the  King  of  Prussia  promises  to 
facilitate  the  acquisition  of  Luxemburg  by  France.  To  that 
effect  his  aforesaid  Majesty  will  enter  into  negotiations  with 
His  Majesty  the  King  of  the  Netherlands  to  induce  him  to 
cede  to  the  Emperor  of  the  French  his  sovereign  rights  over 
that  duchy  in  return  for  such  compensation  as  shall  be  deemed 
sufficient  or  otherwise. 

Article  III.  His  Majesty  the  Emperor  of  the  French 
will  not  oppose  a federal  union  of  the  confederation  of  the 
North  with  the  Southern  States  of  Germany,  with  the  ex- 
ception of  Austria,  which  union  may  be  based  on  a common 
parliament,  the  sovereignty  of  the  said  states  being  duly  re- 
spected. 

Article  IV.  On  his  part  his  Majesty  the  King  of  Prussia, 
in  case  his  Majesty  the  Emperor  of  the  French  should  be 
obliged  by  circumstances  to  cause  his  troops  to  enter  Bel- 
gium, or  to  conquer  it,  will  grant  the  succour  [co-operation] 
of  his  arms  to  France,  and  will  sustain  her  with  all  his  forces 
of  land  and  sea  against  every  power  which,  in  that  eventuality, 
should  declare  war  upon  her. 

Article  V.  To  insure  the  complete  execution  of  the 
above  arrangements,  his  Majesty  the  King  of  Prussia  and 
his  Majesty  the  Emperor  of  the  French  contract,  by  the 
present  treaty,  an  alliance,  offensive  and  defensive,  which  they 
solemnly  engage  to  maintain.  Their  Majesties  engage,  more- 
over, and  specifically,  to  observe  it  in  every  case  in  which 
their  respective  states,  of  which  they  mutually  guarantee  the 
integrity,  should  be  menaced  by  aggression,  holding  themselves 


THE  EMS  DESPATCH 


593 


bound  in  such  a conjuncture  to  make  without  delay,  and  not 
to  decline  on  any  pretext,  the  military  arrangements  which  may 
be  demanded  by  their  common  interest,  conformably  to  the 
clauses  and  provisions  above  set  forth. 


121.  The  Ems  Despatch. 

July  13,  1870.  Preussiche  Jahrbucher,  LXXXII,  46-47. 

This  famous  dispatch  was  an  important  factor  in  bringing  on 
the  Franco-Prussian  war.  The  original  version  was  sent  to  Bis- 
marck by  order  of  King  William.  The  published  version  was  ed- 
ited from  the  original  by  Bismarck  and  printed  with  striking 
head-lines  in  the  semi-official  North  German  Gazette.  The  two 
should  be  carefully  compared  and  all  differences  noted,  especially 
with  reference  to  the  question  whether  the  effect  actually  pro- 
duced by  the  published  version  was  different  from  that  which 
would  probably  have  resulted  from  the  publication  of  the  original 
dispatch. 


References.  Seignobos,  Europe  Since  lSlJh  810  ; Andrews, 
Modern  Europe,  II.  269-270 : Bismarck,  Reflections  and  Reminis- 
cences, II,  93-103  : Headlam,  Bismarck,  337-342 ; Von  Sybel,  The 
Founding  of  the  German  Empire,  VII,  393-401  : Lavisse  and  Ram- 
baud,  llistoiie  Generate,  XI,  776. 


ORIGINAL. 

Ems,  July  13,  1870. 
His  Majesty  the  King  writes 
me : 

“Count  Benedetti  inter- 
cepted me  upon  the  prome- 
nade in  order  finally  to  de- 
mand from  me,  in  a very 
pressing  manner,  that  I, should 
authorise  him  to  immediately 
telegraph  to  Paris  that  I for 
all  the  future  pledge  myself 
never  again  to  give  my  con- 
sent, if  the  Hohenzollerns 
should  return  to  their  candi- 
dacy. I finally  refused  him 
somewhat  earnestly,  since  one 
would  neither  dare  nor  be 


PUBLISHED. 

“Ems,  July  13,  1870.  After 
the  news  of  the  renunciation 
of  the  Hereditary  Prince  of 
Hohenzollern  had  been  offi- 
cially communicated  to  the 
French  Imperial  Government 
by  the  royal  Spanish  [govern- 
ment], the  French  minister 
has  still  brought  to  His  Maj- 
esty at  Ems  the  demand, 
that  he  be  authorised  to  tel- 
egraph to  Paris  that  His 
Majesty  the  King  pledges 
himself  for  all  the  future 
never  again  to  give  his  con- 
sent, if  the  Hohenzollerns 
should  resume  their  Candida- 


594 


THE  EMS  DESPATCH 


able  to  take  such  an  engage- 
ment a tout  jamais.  Nat- 
urally I said  to  him  that  I 
had  as  yet  received  nothing, 
and,  .since  he  was  earlier  in- 
formed about  Paris  and  Ma- 
drid than  I,  he  might  well 
perceive  that  my  government 
may  be  again  out  of  the 
game.” 

Plis  Majesty  has  since  re- 
ceived a message  from  the 
Prince.  Since  His  Majesty 
said  to  Count  Benedetti  that 
he  was  expecting  news  from 
the  Prince,  His  Majesty,  with 
reference  to  the  above  men- 
tioned demand,  upon  the  sug- 
gestion of  Count  Eulenburg 
and  myself,  has  determined 
not  to  receive  Count  Ben- 
edetti again,  but  only  to  per- 
mit it  to  be  said  to  him 
through  an  adjutant  that  His 
Majesty  has  now  received 
from  the  Prince  the  news  of 
the  renunciation,  which  Ben- 
edetti already  had  received 
from  Paris,  and  has  nothing 
further  to  say  to  the  minister. 

His  Majesty  leaves  with 
Your  Excellency  whether  the 
new  demand  of  Benedetti  and 
its  immediate  rejection  should 
be  communicated  to  our  min- 
isters as  well  as  to  the  press. 

Signed,  Abeken. 


cy.  His  Majesty  the  King  has 
thereupon  refused  to  receive 
the  French  minister,  and  has 
permitted  him  to  be  told 
through  the  service  adjutant 
that  His  Majesty  has  nothing 
further  to  communicate  to 
the  French  minister.” 


THE  4TH  OF  SEPTEMBER 


595 


122.  Documents  upon  the  Fourth  of  September. 

When  the  French  disaster  at  Sedan  became  Known  at  Paris 
the  imperial  government  was  promptly  overthrown  and  a pro- 
visional government  created.  These  documents  throw  light  upon 
the  spirit  and  the  ideas  which  animated  the  new  government. 
Careful  attention  to  the  phraseology  of  the  documents  will  bring 
out  some  important  features  of  the  situation. 

References.  Fyffe,  Modern  Europe,  III,  447-448  (Popular  ed., 
1002-1003)  ; Seignobos,  Europe  Since  1SH,  1S7-189  ; Coubertin,  Ev- 
olution of  France  lender  tlic  Third  Republic,  1-6. 

A.  Proclamation  to  the  French  People.  September  4,  1870. 
Duvergier,  Lois,  LXX,  319-320. 

Frenchmen ! 

The  people  have  outstripped  the  Chamber,  which  was  hes- 
itating. In  order  to  save  the  endangered  fatherland  they  have 
demanded  the  Republic. 

They  have  placed  their  representatives  not  in  power,  but 
in  peril. 

The  Republic  vanquished  invasion  in  1792,  the  Republic 
is  proclaimed. 

The  Revolution  is  made  in  the  name  of  the  law  and  of 
the  public  safety. 

Citizens,  watch  over  the  City  which  is  entrusted  to  you ; 
tomorrow  you,  with  the  army,  shall  be  the  avengers  of  the 
fatherland ! 

B.  Proclamation  to  the  Inhabitants  of  Paris.  September 
4,  1870.  Duvergier,  Lois,  LXX,  320. 

Citizens  of  Paris ! 

The  Republic  is  proclaimed. 

A government  has  been  selected  by  acclamation. 

It  is  composed  of  the  citizens : Emmanuel  Arago,  Cre- 
mieux,  Jules  Fame,  Jules  Ferry,  Gambctta,  Garnier-Pages, 
Glais-Bisoin,  Pelletan,  Picard,  Rochefort,  Jules  Simon,  rep- 
resentatives of  Paris. 

General  Trochu  is  entrusted  with  full  military  powers  for 
the  national  defence.  He  is  summoned  to  the  presidency  of 
the  government. 

The  government  begs  the  citizens  to  be  calm ; the  people 
will  not  forget  that  they  are  in  the  face  of  the  enemy. 


596 


DIPLOMATIC  CIRCULARS 


The  government  is  before  all  a government  of  national 
defence. 

C.  Decree  upon  the  Corps-Legislatif  and  the  Senate. 
September  4,  1S70.  Duvergier,  Lois,  LXX,  320. 

The  Government,  etc.,  decrees : 

The  Corps-Legislatif  is  dissolved.  The  Senate  is  abolished. 

D.  Decree  upon  Political  and  Press  Offenders.  Septem- 
ber 4,  1870.  Duvergier,  Lois,  LXX.  320. 

The  Government,  etc.,  decrees : 

Full  and  complete  amnesty  is  granted  to  all  condemned 
for  political  crimes  and  offences  and  for  press  offences  from 
December  3,  1852,  to  September  3,  1870.  All  the  condemned 
still  in  custody,  whether  the  judgments  have  been  rendered 
by  the  correctional  tribunals,  or  by  the  assize  courts,  or  by 
courts  martial,  shall  be  immediately  placed  at  liberty. 


123.  Diplomatic  Circulars  upon  the  Franco  - Pr  ussian  War. 

These  diplomatic  circulars,  designed  for  communication  to  the 
neutral  governments,  show  the  ideas  of  the  French  and  Prussian 
governments  upon  the  proper  basis  for  peace.  Each  government 
will  be  seen  to  have  formulated  a program  and  adduced  an  argu- 
ment in  its  support.  These  should  be  carefully  noted  and  com- 
pared. 

References.  Fyffe,  Modern  Europe,  III,  448-449  (Popular  ed., 
J 003 ) ; Hanotaux,  Contemporary  France,  I,  14-16;  Headlam,  Bis- 
marck, 353-355  ; Sorel,  Histoire  Diplomatique  de  la  Guerre  Franco- 
Allemande,  I,  296-299,  332-337. 

A.  Circular  to  French  Ministers.  September  7,  1870.  Jour- 
nal Officiel,  September  7,  1870.  Translation,  Messages  and 
Documents,  State  Department,  1870-71,  139-140. 

Sir:  The  events  which  have  just  taken  place  at  Paris 

explain  themselves  so  well  by  the  inexorable  logic  of  facts 
that  it  is  useless  to  dwell  at  length  upon  their  meaning  and 
sdope. 

Yielding  to*  an  irresistible  impulse,  too  long,  restrained, 
the  people  of  Paris  have  obeyed  a higher  law,  that  of  their 
own  safety;  they  have  not  been  willing  to  perish  with  the 
criminal  power  which  was  leading  France  to  destruction ; 


DIPLOMATIC  CIRCULARS 


597 


they  have  not  declared  the  downfall  of  Napoleon  III  and 
of  his  dynasty ; they  have  registered  it  in  the  name  of  right 
and  justice  and  of  the  public  safety,  and  this  sentence  was 
so  well  ratified  in  advance  by  the  consciences  of  all  that 
no  one,  even  among  the  most  noisy  defemders  of  the  falling 
power,  has  arisen  to  sustain  it ; it  has  sunk  itself  under  the 
weight  of  its  faults,  amid  the  acclamations  of  an  immense 
people,  without  a drop  of  blood  having  been  shed,  without 
a person  having  been  deprived  of  his  liberty;  and  we 
have  seen  a thing,  unheard  of  in  history,  the  citizens, 
to  whom  the  cry  of  the  people  confided  the  perilous  task 
of  fighting  and  conquering,  not  giving  a moment’s  uneasiness 
to  the  adversaries,  who  yesterday  threatened  them  with  mil- 
itary execution.  It  is  by  refusing  them  the  honor  of  any 
repression  that  they  have  plainly  shown  their  blindness  and 
impotence.  Order  has  not  been  disturbed  for  a single  mo- 
ment. Our  confidence  in  the  wisdom  and  patriotism  of  the 
national  guard  and  of  the  entire  population  permits  us  to 
assert  that  it  will  not  be. 

Delivered  from  the  shame  and  danger  of  living  under  a 
government  which  was  recreant  to  all  its  duties,  every  one 
understands  that  the  first  act  of  this  national  sovereignty, 
reconquered  at  last,  fs  to  command  itself,  and  to  seek  its 
strength  in  respect  for  the  law.  Moreover,  time  is  pressing; 
the  enemy  is  at  cur  gates ; we  have  but  one  thought — to  drive 
him  from  our  territory.  But  this  obligation,  which  we  res- 
olutely accept,  has  not  been  imposed  upon  France  by  us; 
France  would  not  now  be  under  this  obligation  if  our  voice 
had  been  heard.  We  have  energetically  defended,  even  at 
the  expense  of  our  popularity,  the  policy  of  peace ; we  shall 
persevere  in  doing  so,  with  a still  deeper  conviction.  Our 
heart  bleeds  at  the  sight  of  these  inhuman  massacres,  where- 
by the  flower  of  two  nations  is  destroyed,  which,  with  a 
little  good  sense  and  a great  deal  of  liberty,  would  have  been 
saved  from  these  frightful  catastrophes.  We  have  no  words 
to  describe  our  admiration  for  our  heroic  army,  sacrificed  by 
the  incompetency  of  the  commander-in-chief,  and  yet  ren- 
dered greater  by  its  defeats  than  by  the  most  brilliant  vic- 
tories ; for,  notwithstanding  its  knowledge  of  the  faults  which 
imperiled  it,  it  has  sublimely  advanced  to  certain  death,  re- 


598 


DIPLOMATIC  CIRCULARS 


deeming  the  honor  of  France  from  the  stains  brought  upon 
it  by  its  government.  Honor  to  it ! The  nation  opens  its 
arms  to  it.  The  imperial  power  ha,s  sought  to  divide  them; 
misfortunes  and  duty  unite  them  in  a solemn  embrace,  sealed 
by  patriotism  and  liberty.  This  alliance  renders  us  invincible. 
Prepared  for  everything,  we  calmly  contemplate  the  situation 
which  is  presented  to  us.  I will  state  this  situation  in  a few 
words  and  submit  my  statement  to  my  country  and  to;  Europe  : 
We  openly  denounce  war,  and,  protesting  our  respect  for  the 
rights  of  nations,  we  asked  that  Germany  should  be  left 
mistress  of  her  destinies ; we  desired  that  liberty  should  be 
at  once  our  common  bond  and  our  common  shield.  We  were 
convinced  that  these  moral  forces  insured  forever  the  maim 
tenance  of  peace;  but,  by  way  of  enforcement,  we  demanded  a 
weapon  for  each  citizen,  a civic  organization,  and  chosen 
chiefs.  We  then  should  have  remained  invulnerable  on 
our  own  soil.  The  imperial  government,  which  had  long 
before  separated  its  interests  from  those  of  the  country,  re- 
jected this  policy.  We  resume  it,  with  the  hope  that,  having 
been  taught  by  experience,  France  will  have  the  wisdom  to 
practice  it. 

On  his  part  the  King  of  Prussia  has  declared  that  he  was 
making  war,  not  against  France,  but  against  the  imperial  dy- 
nasty. The  dynasty  lies  prostrate.  Free  France  rises.  Does 
the  King  of  Prussia  desire  to  continue  an  impious  struggle 
which  will  be  at  least  as  fatal  to  him  as  to  us?  Does  he 
desire  to  give  to  the  world  of  the  nineteenth  century  the 
cruel  spectacle  of  two  nations  destroying  one  another,  and 
which,  forgetful  of  humanity,  of  reason,  of  science,  pile  up 
ruins  and  corpses?  He  may  take  his  choice.  Let  him  as- 
sume this  responsibility  to  the  world  and  to  history.  If  it 
is  a challenge  we  accept  it.  We  will  not  yield  an  inch  of 
our  territory,  nor  a stone  of  our  fortresses.  A disgraceful 
peace  would  soon  be  followed  by  a war  of  extermination ; 
we  will  only  treat  for  a durable  peace.  Herein  lies  our  in- 
terest, and  that  of  all  Europe.  We  have  reason  to  hope  that, 
freed  from  every  dynastic  bias,  the  question  will  be  thus  put 
to  the  chanceries.  But  even  if  we  must  stand  quite  alone, 
we  will  not  be  discouraged.  We  have  a resolute  army,  well- 
supplied  forts,  strong  walls,  but  above  all,  the  breasts  of 


DIPLOMATIC  CIRCULARS 


599 


three  hundred  thousand  fighting  men,  ready  to  hold  out  to 
the  last.  When  they  go  piously  to  place  garlands  at  the 
feet  of  the  statue  in  Strasburg,  they  not  only  obey  a sentiment 
of  enthusiastic  admiration,  they  take  their  heroic  watch-word, 
they  swear  to  be  worthy  of  their  brothers  of  Alsace,  and  to 
die  like  them.  After  the  forts,  the  ramparts ; after  the  ram- 
parts, the  barricades.  Paris  can  hold  out  for  three  months,  and 
conquer.  If  it  should  fall,  France,  rising  at  its  call,  would 
avenge  it.  It  would  continue  the  struggle,  and  the  aggressor 
would  perish.  This,  sir,  is  what  Europe  ought  to  know.  We 
have  not  accepted  power  with  any  other  object.  We  would 
not  retain  it  a minute  if  we  did  not  find  the  population  of 
Paris,  and  of  all  France,  resolved  to  aid  in  carrying  out  this 
plan.  I sum  up,  our  resolutions  in  one  word.  Before  God, 
who  hears  us — before  posterity,  which  will  judge  us,  we  only 
desire  peace ; but  if  a destructive  war,  which  we  have  de- 
nounced, be  continued  against  us,  we  will  do  our  duty  to 
the  end.  I firmly  trust  that  our  cause,  which  is  that  of  right 
and  justice,  will  finally  triumph. 

It  is  in  this  sense  that  I de,sire  you  to  explain  the  situation 
to  his  excellency  the  Secretary  of  State,  in  whose  hands  you 
will  place  a copy  of  this  document. 

Accept,  sir,  the  expression  of  my  high  consideration. 

The  Minister  of  Foreign  Affairs, 
Jules  Favre. 

B.  Circular  to  Prussian  Ministers,  September  13,  1870. 
Translation,  Messages  and  Documents,  State  Department, 
1870-71,  211-212. 

Rheims,  September  13,  1870. 

In  consequence  of  the  erroneous  ideas  concerning  our  re- 
lations with  France,  which  reach  us  even  from  friendly  quar- 
ters, I am  induced  to  express  myself  in  the  following  lines 
in  relation  to  the  views  of  his  Majesty  the  King,  which  are 
shared  by  the  allied  German  governments. 

We  thought  we  saw  in  the  plebiscitum  and  the  succeed- 
ing apparently  satisfactory  condition  of  things  in  France, 
a guarantee  of  peace,  and  the  expression  of  a friendly  feeling 
on  the  part  of  the  French  nation.  Events  have  taught  us 
the  contrary ; at  least  they  have  shown  us  how  easily  this 


6oo 


DIPLOMATIC  CIRCULARS 


voice,  among  the  French  nation,  is  changed - to  its  opposite. 
The  almost  unanimous  majority  of  -the  representatives  of 
the  people,  of  the  senate,  and  of  the  organs  of  public  opinion 
among  the  press,  demanded  a war  of  conquest  against  us  so 
loudly  and  emphatically  that  the  isolated  friends  of  peace 
were  discouraged,  and  the  Emperor  Napoleon  probably  told 
his  Majesty  no  untruth  when  he  declared  that  the  state  of 
public  opinion  forced  him  to  undertake  the  war. 

In  the  face  of  this  fact  we  must  not  seek  our  guarantees 
in  French  feelings.  We  must  not  shut  our  eyes  to  the  fact 
that,  in  consequence  of  this  war,  we  must  be  prepared  for 
a speedy  attack  from  France  again,  and  not  for  a permanent 
peace,  and  that  quite  independently  of  any  conditions  which 
we  may  impose  upon  France.  The  French  nation  will  never 
forgive  us  for  the  defeat  in  itself,  nor  for  our  victorious  re- 
pulse of  its  wanton  attack.  If  we  should  now  withdraw  from 
France,  without  any  acquisition  of  territory,  without  any 
contribution,  without  any  advantages  save  the  glory  won  by 
our  arms,  the  same  hatred,  the  same  desire  for  revenge  on 
account  of  wounded  pride  and  ambition,  would  remain  among 
the  French  nation,  and  it  would  only  await  the  day  when 
it  might  hope  successfully  to  indulge  these  feelings.  It  was 
not  a doubt  of  the  justice  of  our  cause,  nor  was  it  an  appre- 
hension that  we  might  not  be  strong  enough,  that  restrained 
us  in  the  year  1867  from  the  war  which  was  then  offered  us, 
but  the  fear  of  exciting  those  passions  by  our  victories  and 
of  inaugurating  an  era  of  mutual  animosity  and  constantly 
renewed  wars,  while  we  hoped,  by  a longer  continuance  and 
attentive  care  of  the  peaceful  relations  of  both  nations,  to 
gain  a firm  foundation  for  an  era  of  peace  and  welfare.  Now. 
after  having  been  forced  into  the  war  which  we  desired  to 
avoid,  we  must  seek  to  obtain  better  guarantees  for  our  de- 
fence against  the  next  attack  of  the  French  than  those  of  their 
good  feeling. 

The  guarantees  which  have  been  sought  since  the  year 
1815  against  the  same  French  desires  and  for  the  peace  of 
Europe  in  the  holy  alliance  and  other  arrangements  made  in 
the  interest  of  Europe,  have,  in  the  course  of  time,  lost  their 
efficacy  and  significance ; so  that  Germany  has  finally  been 
obliged  to  defend  herself  against  France,  depending  solely  up- 


DIPLOMATIC  CIRCULARS 


601 


on  her  own  strength  and  her  own  resources.  Such  an  effort  as 
we  are  now  making  imposes  such  sacrifices  upon  the  German 
nation  that  we  are  forced  to  seek  material  guarantees  and  the 
security  of  Germany  against  the  future  attacks  of  France, 
guarantees  at  the  same  time  for  the  peace  of  Europe,  which 
has  nothing  to  fear  from  Germany. 

These  guarantees  we  have  to  demand,  not  from  a temporary 
government  of  France,  but  from  the  French  nation,  which 
has  shown  that  it  is  ready  to  follow  any  government  to  war 
against  us,  as  is  indisputably  manifested  by  the  series  of 
aggressive  wars  carried  on  for  centuries  by  France  against 
Germany. 

Our  demands  for  peace  can  therefore  only  be  designed 
to  lay  obstacles  in  the  way  of  the  next  attack  of  France  upon 
the  German,  and'  especially  the  hitherto  defenceless  South 
German  frontier,  by  removing  this  frontier,  and  with  it  the 
point  of  departure  of  French  attacks,  further  back,  and  by 
seeking  to  bring  the  fortresses  with  which  France  threatens  us, 
as  defensive  bulwarks,  into  the  power  of  Germany. 

You  will  express  yourself  in  this  sense,  if  any  questions 
are  asked  of  you. 

Bismarck. 

C.  Circular  to  Prussian  Ministers.  September  16,  1870. 
Translation,  Messages  and  Documents,  State  Department, 
1870-71,  212-21 3. 

Meaux,  September  16,  1870. 

You  are  aware  of  the  contents  of  the  document  which  Mr. 
Jules  Favre  has  addressed  to  the  representatives  of  France 
abroad,  in  the  name  of  the  present  authorities  in  Paris,  who 
style  themselves  the  government  of  the  national  defence. 

It  has,  at  the  same  time,  come  to  my  knowledge,  that  Mr. 
Thiers  has  undertaken  a confidential  mission  to  several  for- 
eign courts,  and  I presume  that  it  will  be  his  task,  on  the 
one  hand  to  inspire  confidence  in  the  desire  for  peace  of  the 
present  Paris  government,  and  on  the  other  to  seek  the  inter- 
vention of  neutral  powers  in  favor  of  a peace  designed  to  rob 
Germany  of  the  fruits  of  her  victory,  and  to  prevent  the 
establishment  of  any  basis  of  peace  which  might  lay  obstacles 
in  the  way  of  the  next  French  attack  upon  Germany. 


602 


DIPLOMATIC  CIRCULARS 


We  cannot  believe  in  the  earnest  intention  of  the  present 
Paris  government  to  put  an  end  to  the  war,  so  long  as  it 
continues  to  excite  the  passions  of  the  people  by  its  language 
and  its  acts,  to  increase  the  hatred  and  the  bitter  feeling  of 
the  population,  already  excited  by  the  sufferings  caused  by  the 
war,  and  to  condemn  in  advance  as  inadmissible  for  France, 
every  basis  of  peace  which  can  be  accepted  by  Germany.  It 
thereby  renders  peace  impossible,  for  which  it  should  prepare 
the  people  by  mild  language,  duly  considering  the  serious  na- 
ture of  the  situation,  if  it  would  lead  us  to  believe  that  it 
aims  at  honest  negotiations  for  peace  with  us.  It  could  only 
be  seriously  supposed  that  we  would  now  conclude  an  armis- 
tice without  every  security  for  our  conditions  of  peace,  if  we 
were  thought  to  lack  military  and  political  sagacity,  and  to 
be  indifferent  to  the  interests  of  Germany. 

Another  thing  which  prevents  the  French  from  clearly  com- 
prehending the  necessity  of  peace  with  Germany,  is  the  hope, 
which  is  encouraged  by  the  present  authorities,  of  a diplomatic 
or  material  intervention  of  neutral  powers  in  favor  of  France. 
If  the  French  nation  becomes  convinced,  that,  as  it  alone 
voluntarily  inaugurated  the  war,  and  as  Germany  has  been 
obliged  to  carry  on  the  contest  alone,  it  will  be  compelled  to 
settle  the  account  with  Germany  alone,  it  will  soon  put  an 
end  to  its  now  certainly  useless  resistance.  It  is  cruelty  on 
the  part  of  neutral  nations  towards  France  if  they  permit  the 
Paris  government  to  encourage  unrealizable  hopes  of  interven- 
tion among  the  people  and  thereby  to  prolong  the  struggle. 

We  are  far  from  any  desire  to'  interfere  in  the  internal 
affairs  of  France.  It  is  a matter  of  indifference  to  us  what 
sort  of  a government  the  French  [people]  may  choose  for 
itself.  The  government  of  the  Emperor  Napoleon  is  the  only 
one  which  has  been  formally  recognized  by  us.  Our  terms  of 
peace,  with  whatever  government,  authorised  for  the  purpose, 
we  may  have  to  negotiate  them,  are  entirely  independent  of 
the  question,  how  and  by  whom  the  French  nation  is  gov- 
erned ; they  are  dictated  to  us  by  the  nature  of  the  case,  and 
by  the  law  of  self-defence  against  a turbulent  and  quarrelsome 
people  on  our  frontier.  The  unanimous  voice  of  the  German 
governments  .and  of  the  German  people  demands  that  Ger- 
many be  protected  by  better  boundaries  than  heretofore  against 


EXECUTIVE  POWER  DECREES  6o.j 

the  threats  and  outrages  which  have  been  committed  against 
us  for  centuries  by  all  French  governments.  As  long  as 
France  remains  in  possession  of  Strasburg  and  Metz  her 
offensive  is  strategically  stronger  than  our  defensive,  through- 
out the  entire  south  and  that  portion  of  the  north  of  Ger- 
many which  lies  on  the  left  bank  of  the  Rhine.  Strasburg 
is,  in  the  possession  of  France,  a constantly  open  sally-port 
against  South  Germany.  In  the  possession  of  Germany,  on 
the  other  hand,  Strasburg  and  Metz  acquire  a defensive  char- 
acter. In  more  than  twenty  wars  we  have  never  been  the 
aggressor  against  France,  and  we  desire  nothing  from  that 
country  but  our  own  safety,  which  has  been  so  often  jeop- 
ardized by  it.  France,  on  the  contrary,  will  regard  any  peace 
which  may  now  be  concluded  simply  as  a suspension  of  hos- 
tilities,, and  will  again  assail  us,  in  order  to  be  revenged  for 
her  present  defeat,  with  just  as  little  reason  as  she  has  done 
this  year,  as  soon  as  she  feels  strong  enough  to  do  so,  either 
through  her  own  strength  or  through  foreign  alliances. 

In  rendering  it  difficult  for  France  (which  has  been  the 
originator  of  every  disturbance  of  the  peace  of  Europe  hith- 
erto) to  act  on  the  offensive,  we  are  acting,  at  the  same  time, 
in  the  interest  of  Europe,  which  is  that  of  peace.  No  dis- 
turbance of  the  peace  of  Europe  is  to  be  feared  from  Germany. 
Since  the  war  has  been  forced  upon  us,  which  we  have 
shunned  for  four  years  with  the  utmost  care  and  at  a sac- 
rifice of  our  national  feeling,  which  has  been  incessantly  hec- 
tored by  France,  we  will  demand  security  in  future  as  the 
price  of  the  gigantic  efforts  which  we  have  been  obliged  to 
make  in  our  defence.  No  one  will  be  able  to  reproach  us 
for  want  of  moderation  if  we  adhere  to  this  just  and  reason- 
able demand. 

I desire  you  carefully  to  take  cognizance  of  these  ideas 
and  present  them  for  consideration  in  your  interviews. 

Bismarck. 


124.  Decrees  and  Laws  upon  the  Executive  Power. 

These  documents  exhibit  in  large  measure  the  nature  of  the 
government  of  France  during  the  presidency  of  Thiers.  By  com- 


604 


EXECUTIVE  POWER  DECREES 


billing  what  is  enacted  for  some  institutions  and  what  is  implied 
or  declared  with  reference  to  others  with  what  is  carried  over 
from  the  preceding  decree,  each  of  the  documents  may  be  regarded 
as  a sort  of  provisional  constitution  of  France.  They  should  be 
examined  in  that  light. 

References.  Seignobos,  Europe  Since  lSl!h  194-197 ; Bodley, 
France,  I,  271-276  : Hanotaux,  Contemporary  France , I,  66-67,  265- 
270  ; 584-588  ; Simon,  Government  of  Thiers,  I,  76-80,  II,  295-303  ; 
Lavisse  and  Rambaud,  Histoire  Generate,  XII,  2,  8,  12. 

A.  Decree  Appointing  Thiers.  February  17,  1871.  Du- 
vergier,  Lois,  LXXI,  54-55. 

The  National  Assembly,  depository  of  the  sovereign 
authority, 

Considering  that  it  is  necessary,  while  awaiting  what  may 
be  enacted  as  to  the  institutions  of  France,  to  provide  imme- 
diately for  the  necessities  of  the  Government  and  for  the  con- 
duct of  the  negotiations,  decrees : 

M.  Thiers  is  appointed  Head  of  the  Executive  Power  of 
the  French  Republic;  he  shall  exercise  his  functions,  under 
the  authority  of  the  National  Assembly,  with  the  assistance 
of  the  ministers  whom  he  shall  have  chosen  and  over  whom  he 
shall  preside. 

B.  The  Rivet  Law.  August  31,  1871.  Duvergier,  Lois, 
LXXI,  210-212. 

The  National  Assembly, 

Considering  that  it  has  the  right  to  use  the  constituent 
power,  an  essential  attribute  of  the  sovereignty  with  which 
it  is  invested,  and  that  the  imperative  duties,  which  at  the  first 
it  was  bound  to  impose  upon  itself  and  which  are  still  far 
from  being  completed,  have  alone  prevented  until  now  the 
use  of  this  power; 

Considering  that,  until  the  establishment  of  the  definitive 
institutions  of  the  country,  it  is  essential  for  the  needs  of  labor, 
the  interests  of  commerce,  and  the  development  of  industry, 
that  our  provisional  institutions  should  take  in  the  eyes  of 
all,  if  not  that  stability  which  is  the  work  of  time,  at  least 
such  that  they  may  assure  the  harmony  of  feeling  and  the  ap- 
peasment  of  parties ; 

Considering  that  a new  title,  a more  precise  appellation, 


EXECUTIVE  POWER  DECREES 


605 


without  in  any  degree  altering  the  basis  of  things,  can  have  the 
effect  of  putting  better  in  evidence  the  intention  of  the  Assem- 
bly to  continue  freely  the  loyal  experiment  begun  at  Bor- 
deaux ; 

That  the  prolongation  of  the  functions  conferred  upon  the 
Head  of  the  Executive  Power,  limited  henceforth  to  the 
duration  of  the  labors  of  the  Assembly,  may  free  these  func- 
tions from  what  they  may  seem  to  have  of  instability  and  pre- 
cariousness, wdthout  the  sovereign  rights  of  the  Assembly 
suffering  the  least  injury,  since  in  any  case  the  final  determin- 
ation belongs  to  the  Assembly;  and  that  an  aggregation  of 
new  guarantees  is  about  to  assure  the  maintenance  of  these 
parliamentary  privileges,  at  once  the  safeguard  and  the  honor 
of  the  country ; 

Taking  into  consideration,  moreover,  the  distinguished  ser- 
vices rendered  to  the  country  by  M.  Thiers  during  the  past 
six  months  and  the  guarantees  which  the  continuance  of  the 
power  that  he  holds  from  the  Assembly  presents ; 

Decrees : 

1.  The  Head  of  the  Executive  Power  shall  take  the  title 
of  President  of  the  French  Republic  and  shall  continue  to  ex- 
ercise, under  the  authority  of  the  National  Assembly,  as  long 
as  it  shall  not  have  terminated  its  labors,  the  functions  which 
were  delegated  to  him  by  the  decree  of  February  17,  1871. 

2.  The  President  of  the  Republic  promulgates  the  laws 
as  soon  as  they  are  transmitted  to  him  by  the  president  of 
the  National  Assembly. 

He  secures  and  supervises  the  execution  of  the  laws. 

He  resides  at  the  place  where  the  National  Assembly  sits. 

He  is  heard  by  the  National  Assembly  whenever  he  believes 
it  necessary  and  after  he  has  informed  the  president  of 
the  National  Assembly  of  his  wish. 

He  appoints  and  dismisses  the  ministers.  The  council  of 
ministers  and  the  ministers  are  responsible  to  the  Assembly. 

Each  of  the  acts  of  the  President  of  the  Republic  must 
be  countersigned  by  a minister. 

3.  The  President  of  the  Republic  is  responsible  to  the 
Assembly. 


6o6 


EXECUTIVE  POWER  DECREES 


C.  Law  upon  the  Presidency.  March  13,  1873.  Duvergier, 
Lois,  LXXIII,  51-63. 

The  National  Assembly, 

Reserving  in  its  entirety  the  constituent  power  which  be- 
longs to  it,  but  wishing  to  bring  about  improvements  in  the 
distribution  of  the  public  powers,  decrees: 

1.  The  law  of  August  31,  1871,  i,s  modified  as  follows: 

The  President  of  the  Republic  communicates  with  the  As- 
sembly by  messages  which,  with  the  exception  of  those  with 
which  the  sessions  are  opened,  are  read  at  the  tribune  by  a 
minister. 

Nevertheless,  he  shall  be  heard  by  the  Assembly  in  the 
discussion  of  the  laws,  when  he  shall  deem  it  necessary,  and 
after  he  has  informed  it  of  his  wish  by  a message. 

The  discussion  upon  the  occasion  at  which  the  President  of 
the  Republic  expresses  a wish  to  take  the  word  is  suspended 
after  the  receipt  of  the  message,  and  the  President  shall  be 
heard  the  next  day,  unless  a special  vote  decides  that  he  shall 
be  heard  the  same  day.  The  sitting  is  terminated  after  he 
has  been  heard,  and  the  discussion  is  resumed  only  at  a sub- 
sequent sitting.  The  discussion  occurs  outside  of  the  presence 
of  the  President  of  the  Republic. 

2.  The  President  of  the  Republic  promulgates  the  laws  de- 
clared urgent  within  three  days,  and  the  non-urgent  laws 
within  the  month  following  the  vote  of  the  Assembly. 

Within  the  space  of  three  days,  when  a law  that  has  not 
been  submitted  to  three  readings  is  in  question,  the  President 
of  the  Republic  shall  have  the  right  to  demand,  by  a message 
with  a statement  of  reasons,  a new  deliberation. 

For  the  laws  submitted  to  the  formality  of  the  three  read- 
ings, the  President  of  the  Republic  shall  have  the  right, 
after  the  second,  to  demand  that  the  placing  of  it  as  the  order 
of  the  day  for  the  third  deliberation  be  fixed  only  after  the 
space  of  two  months. 

3.  The  provisions  of  the  preceding  article  shall  not  apply 
to  the  acts  in  which  the  National  Assembly  shall  exercise  the 
constituent  power  that  is  reserved  in  the  preamble  of  the  pres- 
ent law. 

4.  Interpellations  can  be  addressed  only  to  the  ministers, 
and  not  to  the  President  of  the  Republic. 


TREATY  OF  VERSAILLES 


607 


When  interpellations  addressed  to  the  ministers  or  pe- 
titions sent  to  the  Assembly  relate  to  foreign  affairs,  the  Pres- 
ident of  the  Republic  shall  have  the  right  to  be  heard. 

When  these  interpellations  or  these  petitions  shall  have  rela- 
tion to  the  internal  policy,  the  ministers  shall  reply  only  for 
the  acts  which  concern  them.  Nevertheless,  if  by  a special 
resolution,  communicated  to  the  Assembly  before  the  opening 
of  the  discussion  by  the  vice-president  of  the  council  of  min- 
isters, the  council  should  declare  that  the  questions  raised  are 
bound  up  with  the  general  policy  of  the  Government  and  thus 
involve  the  responsibility  of  the  President  of  the  Republic, 
the  President  shall  have  the  right  to  be  heard  in  the  forms 
determined  by  the  first  article. 

After  having  heard  the  vice-president  of  the  council,  the 
Assembly  fixes  the  day  for  the  discussion. 

5.  The  National  Assembly  shall  not  separate  before  having 
enacted : 

1st.  Upon  the  organization  and  the  method  of  transmission 
of  the  legislative  and  executive  powers ; 

2d.  Upon  the  creation  and  prerogatives  of  a second 
chamber,  which  is  not  to  enter  upon  its  functions  until  after 
the  separation  of  the  present  Assembly ; 

3d.  Upon  the  electoral  law. 

The  government  shall  submit  to  the  Assembly  projects  of 
law  upon  the  above  enumerated  matters. 


125.  Preliminary  Treaty  of  Versailles. 

February  26,  1871.  De  Clercq,  Traites,  X,  430-435.  Transla- 
tion, Herstlet,  Map  of  Europe  by  Treaty,  1912-1918. 

As  the  stipulations  of  this  treaty  were  reproduced  without  any 
very  considerable  chang%  in  the  definitive  treaty  of  Frankfort, 
this  document  shows  substantially  the  terms  of  peace  at  the  end 
of  the  Franco-Prussian  war. 

References.  Fyffe,  Modern  Europe,  III,  464-465  (Popular  ed., 
1013-1014)  ; Seignobos,  Europe  Since  ISA),  818  : I-Ianotaux,  Con- 
temporary France,  I,  119-131  ; Sorel.  Histoirc  Diplomatique  de  la 
Guerre  Franco-Allemande,  II,  231-251. 

Between  the  Chancellor  of  the  Germanic  Empire,  Count 
Otto  de  Bismarck-Schonhausen,  . . . representing  the 


6o8 


DECLARATION  OF  THE  COMMUNE 


Germanic  Empire,  on  the  one  part;  and  on  the  other  part,  the 
Chief  of  the  Executive  Power  of  the  French  Republic,  Mon- 
sieur Thiers,  and  the  Minister  for  Foreign  Affairs,  Monsieur 
Jules  Favre,  representing  France;  . . . the  following 

has  been  agreed  upon  to  serve  as  a preliminary  Basis  to 
the  Definitive  Peace  to  be  concluded  hereafter. 

1.  . [Contains  the  cession  of  territory  made  by 

France  to  Germany.  This  cession,  as  slightly  modified  by  the 
definitive  treaty  of  Frankfort,  is  shown  upon  maps  in  Herst- 
let,  Map  of  Europe  by  Treaty,  1962-1963.  and  Putzger,  His- 
torischer  Schul-Atlas,  29.] 

2.  France  shall  pay  to  His  Majesty  the  Emperor  of  Ger- 
many the  sum  of  5,000,000,000  Francs  (five  milliards). 

The  payment  of  at  least  1,000,000,000  (one  milliard)  Francs 
shall  be  effected  within  the  year  1871,  and  the  whole  of  the 
remainder  of  the  Debt  in  the  space  of  3 years,  dating  from 
the  ratification  of  the  present. 

3.  . [Provides  in  detail  for  the  gradual  evacuation 

of  French  territory  as  the  payments  upon  the  indemnity  are 
made.  ] 

4.  The  German  Troops  shall  abstain  from  levying  con- 
tributions either  in  money  or  in  kind  in  the  occupied  Depart- 
ments. On  the  other  hand,  the  maintenance  of  the  German 
Troops  remaining  in  France  shall  be  at  the  expense  of  the 
French  Government  in  the  manner  decided  upon  by  an 
Agreement  with  the  German  Military  Administration. 


126.  Declaration  of  the  Paris  Commune. 

April  19,  1871.  Revue  He  France,  Supplement.  Actes  du  Gouv 
eminent  Rcvolutionnavre  de  Paris,  XXXIX-XL. 

'I he  ideas  of  the  Paris  Communists  may  be  divided  into  two 
classes : (1)  negative,  a common  hatred  of  monarchy  and  the 
bourgeois  republic,  one  of  which  they  expected  the  National  As- 
sembly to  establish:  (2)  positive,  a great  variety  of  political  and 
social  theories,  represented  by  different  groups  of  Communists. 
This  document,  which  was  the  chief  political  act  of  the  Commune, 
throws  light  upon  both  sets  of  ideas.  For  the  negative  class,  the 
intensity  of  feeling  which  the  document  shows  should  be  noted. 
The  positive  ideas  should  be  compared  with  (1)  those  of  the  ex- 
treme revolutionary  parties  of  earlier  crises,  (2)  those  of  the  dif- 


DECLARATION  OF  THE  COMMUNE 


609 


ferent  groups  represented  among  the  Communists,  (3)  the  require- 
ments of  the  existing  situation  in  France. 

References.  Seignobos,  Europe  Since  1S14,  190-194  ; Andrews, 
Modern  Europe , II,  345-349  ; Dickinson,  Revolution  and  Reaction 
in  Modern  France,  Ch.  viii  ; I-Ianotaux.  Contemporary  France,  I, 
166-169  ; Lavisse  and  Rambaud,  Histoire  Generate,  XII,  2-7. 

DECLARATION  TO  THE  FRENCH  PEOPLE. 

In  the  painful  and  terrible  conflict  which  once  again  im- 
poses upon  Paris  the  horrors  of  siege  and  |iombardment, 
which  causes  French  blood  to  flow,  which  causes  our  brothers, 
our  wives,  and  our  children  to  perish,  sinking  before  shells 
and  grape  shot,  it  is  necessary  that  public  opinion  should  not 
be  divided  and  that  the  national  conscience  should  not  be 
troubled. 

It  is  necessary  that  Paris  and  the  whole  country  should 
know  what  is  the  nature,  the  reason,  and  the  aim  of  the  Rev- 
olution which  is  accomplished.  It  is  necessary,  in  fine,  that 
the  responsibility  for  the  sorrows,  the  sufferings  and  the  mis- 
fortunes of  which  we  are  the  victims  should  return  upon  those 
who,  after  having  betrayed  France  and  delivered  Paris  to 
the  foreigner,  are  seeking  with  a blind  and  cruel  obstinacy 
the  ruin  of  the  capital,  in  order  to  conceal  in  the  disaster  to 
the  Republic  and  to  Liberty  the  double  testimony  to  their 
treason  and  their  crime. 

It  is  the  duty  of  the  Commune  to  ascertain  and  assert  the 
aspirations  and  the  views  of  the  population  of  Paris,  to  state 
precisely  the  character  of  the  movement  of  March  18,  mis- 
understood, unknown  and  calumniated  by  the  politicians  who 
sit  at  Versailles. 

Once  again  Paris  labors  and  suffers  for.  all  France,  for 
which  by  her  conflicts  and  sacrifices  she  prepares  intellectual, 
moral,  administrative  and  economic  regeneration,  glory  and 
prosperity. 

What  does  she  ask  for  ? 

The  recognition  and  consolidation  of  the  Republic,  the 
only  form  of  government  compatible  with  the  rights  of  the 
people  and  the  regular  and  free  development  of  society ; 

The  absolute  autonomy  of  the  Commune  extended  to  all 
the  localities  in  France,  and  insuring  to  each  the  integrity  of 


20 


6io 


DECLARATION  OF  THE  COMMUNE 


its  rights  and  to  every  Frenchman  the  full  exercise  of  his 
faculties  and  aptitudes,  as  man,  citizen  and  worker; 

The  autonomy  of  the  Commune  shall  have  for  its  limits 
only  the  equal  right  of  autonomy  for  all  the  other  com- 
munes adhering  to  the  contract,  the  association  of  which  must 
insure  French  unity. 

The  rights  inherent  in  the  Commune  are ; 

The  voting  of  the  communal  budget,  receipts  and  expendi- 
tures ; the  determination  and  partition  of  taxation ; the  man- 
agement of  the  local  services ; the  organization  of  its  magis- 
trature,  the  internal  police  and  education;  the  administration  of 
the  property  belonging  to  the  Commune ; 

The  choice  by  election  or  competition,  with  responsibility 
and  the  permanent  right  of  control  and  of  removal,  of  the 
communal  magistrates  and  functionaries  of  all  sorts ; 

S'  The  absolute  guarantee  of  personal  liberty,  of  liberty  of 
conscience  and  liberty  of  labor; 

The  permanent  participation  of  the  citizens  in  communal 
affairs  by  the  free  expression  of  their  ideas  and  the  free  de- 
fence of  their  interests ; guarantees  to  be  given  for  these 
expressions  by  the  Commune,  which  alone  is  to  be  charged 
with  the  supervision  and  assuring  of  the  free  and  just  ex- 
ercise of  the  right  of  meeting  and  of  publicity ; 

The  organization  of  urban  defence  and  of  the  National 
Guard,  which  elects  its  leaders  and  alone  watches  over  the 
maintenance  of  order  within  the  city. 

Paris  wishes  for  nothing  more  in  the  way  of  local  guaran- 
tees, on  condition,  well  understood,  of  finding  in  the  grand 
central  administration,  the  delegation  of  the  federated  com- 
munes, the  realization  and  the  practice  of  the  same  principles. 

But,  in  favor  of  its  autonomy  and  profiting  from  its  liberty 
of  action,  Paris  reserves  to  herself  to  effect  for  herself,  as 
she  may  think  proper,  the  administrative  and  economic  re- 
forms which  her  population  demand ; to  create  suitable  insti- 
tutions to  develop  and  promote  education,  production,  ex- 
change and  credit ; to  universalize  power  and  property,  ac- 
cording to  the  necessities  of  the  moment  and  the  opinion  of 
those  interested  and  the  data  furnished  by  experience. 

Our  enemies  deceive  themselves  or  deceive  the  country 


DECLARATION  OF  THE  COMMUNE 


6ll 


when  they 'accuse  Paris  of  wishing  to  impose  its  will  or  its 
supremacy  upon  the  remainder  of  the  nation  and  of  design- 
ing a dictatorship  which  would  be  a veritable  attack  upon  the 
independence  and  sovereignty  of  the  other  communes. 

They  deceive  themselves  or  deceive  the  country  when 
they  accuse  Paris  of  seeking  the  destruction  of  French  unity, 
established  by  the  Revolution  amid  the  acclamations  of  our 
fathers  flocking  to  the  Fete  of  the  Federation  from  all  points 
of  old  France. 

Unity  such  as  has  been  imposed  on  us  up  to  this  day  by 
the  Empire,  the  Monarchy  and  Parliamentarism  is  only  des- 
potic, unintelligent,  arbitrary  and  onerous  centralization. 

Political  unity  such  as  Paris  wishes  is  the  voluntary  asso- 
ciation of  all  the  local  initiatives,  the  free  and  spontaneous  co- 
operation of  all  the  individual  energies  in  view  of  a common 
purpose,  the  welfare,  the  liberty  and  the  security  of  all. 

The  Communal  Revolution,  begun  by  the  popular  initiative 
of  March  18,  inaugurates  a new  political  era,  experimental, 
positive,  and  scientific. 

It  is  the  end  of  the  old  governmental  and  clerical  world, 
of  militarism,  officialism,  exploitation,  stock  jobbing,  monop- 
olies, and  privileges,  to  which  the  proletariate  owes  its  servi- 
tude and  the  fatherland  its  misfortunes  and  its  disasters. 

Let  this  beloved  and  splendid  fatherland,  imposed  upon  by 
falsehoods  and  calumnies,  reassure  itself  then ! 

The  struggle  brought  on  between  Paris  and  Versailles  is 
one  of  those  which  cannot  be  terminated  by  illusory  com- 
promises ; the  issue  of  it  cannot  be  doubtful.  Victory,  pur- 
sued with  an  indomitable  energy  by  the  National  Guard,  will 
remain  with  the  idea  and  the  right. 

We  appeal,  therefore,  to  France! 

Informed  that  Paris  in  arms  possesses  as  much  of  calm- 
ness as  of  bravery ; that  it  preserves  order  with  as  much  en- 
ergy as  enthusiasm ; that  it  sacrifices  itself  with  as  much  rea- 
son as  heroism ; and  that  it  has  armed  itself  only  out  of  de- 
votion to  the  liberty  and  glory  of  all;  let  France  cause  this 
bloody  conflict  to  cease ! 

It  is  for  France  to  disarm  Versailles  by  the  solemn  ex- 
pression of  her  irresistible  will. 

Summoned  to  profit  from  our  conquests,  let  her  declare 


6l2 


LOCAL  GOVERNMENT  LAWS 


herself  identified  with  our  efforts ; let  her  be  our  ally  in  this 
conflict  which  can  end  only  by  the  triumph  of  the  communal 
idea  or  the  ruin  of  Paris ! 

As  for  ourselves,  citizens  of  Paris,  we  have  the  mission  of 
accomplishing  the  modern  revolution,  the  greatest  and  the  most 
fruitful  of  all  those  which  have  illuminated  history. 

It  is  our  duty  to  struggle  and  to  conquer ! 

Paris,  April  19,  1871.  The  Commune  of  Paris. 


127.  Laws  for  Reorganizing  Local  Government. 

These  laws  with  No.  128  are  the  most  important  of  the  re- 
organization measures  of  the  Thiers  government.  The  system  out- 
lined in  them  still  exists  with  but  little  change.  It  should  be 
compared  'with  that  of  the  Second  Empire. 

References.  Seignobos,  Europe  Since  I8I4,  195 ; Hanotaux, 
Contemporary  France,  I,  235-240  ; Lavisse  and  Rambaud,  Histoire 
Generate,  XII,  9-10. 

A.  Communal  Law.  April  14,  1871.  Duvergier,  Lois, 
LXXI,  71-79. 

2.  Within  the  shortest  possible  space  of  time  after  the 
promulgation  of  the  present  law,  the  government  shall  con- 
voke the  electors  in  all  the  communes  in  order  to  proceed  to 
ihe  entire  renewal  of  the  municipal  councils. 

3.  The  elections  shall  take  place  by  scrutin  de  liste  for 
every  commune.  Nevertheless,  the  commune  can  be  divided 
into  sections,  each  of  which  shall  elect  a number  of  councillors 
proportionate  to  the  figure  of  the  population. 

4.  All  French  citizens  fully  21  years  of  age,  in  en- 
joyment of  their  civil  and  political  rights,  not  being  in  any 
position  of  incapacity  as  provided  by  the  law,  and  having  for 
at  least  a year  past  their  actual  domicile  in  the  commune,  are 
electors. 

All  the  electors  25  years  of  age  meeting  the  conditions 
provided  in  the  preceding  paragraph  . . . are  eligible  to 

the  municipal  council  of  a commune. 

Moreover,  there  can  be  chosen  to  the  municipal  council  of 
a commune,  without  the  condition  of  domicile,  a fourth  of 


LOCAL  GOVERNMENT  LAWS  6l.3 

the  members  who  shall  compose  it,  on  condition  that  the 
elected  who  are  not  domiciled  pay  in  the  said  commune  one 
of  the  four  direct  taxes. 

7.  In  all  of  the  communes,  whatever  may  be  their  popula- 
tion, the  balloting  shall  continue  only  one  day.  It  shall  be 
opened  and  closed  on  a Sunday.  The  counting  shall  be  done 
immediately. 

8.  The  municipal  councils  selected  shall  remain  in  office 
until  the  promulgation  of  the  organic  law  upon  the  munic- 
ipalities. Nevertheless,  the  duration  of  their  functions  cannot 
exceed  three  years.  . 

9.  The  municipal  council  shall  elect  the  mayor  and  the  as- 
sistants from  among  its  own  members  by  secret  ballot  and 
majority.  If  after  two  ballots  no  candidate  has  obtained  the 
majority  the  procedure  shall  be  by  ballotage  between  the  two 
candidates  who  have  obtained  the  most  votes.  . 

The  mayors  and  the  assistants  thus  elected  shall  be  remov- 
able by  decree. 

Dismissed  mayors  and  assistants  shall  not  be  re-eligible 
for  a year.  The  selection  of  the  mayors  and  the  assistants 
shall  take  place  provisionally  by  decree  qf  the  Government  in 
the  cities  of  more  than  20,000  souls  and  in  the  head-towns  of 
the  department  and  the  district,  whatever  may  be  their  pop- 
ulation. The  mayors  shall  be  taken  from  within  the  munic- 
ipal council. 

10-17.  [Provide  a special  municipal  system  for  Paris.] 

19.  The  functions  of  mayor,  assistants  and  municipal  coun- 
cillors are  essentially  gratuitous. 

B.  Departmental  Law.  August  10,  1871.  Duvergier,  Lois, 
LXXI,  181-210. 

TITLE  I.  GENERAL  PROVISIONS. 

1.  There  is  in  each  department  a general  council. 

2.  The  general  council  elects  from  within  its  own  body 
a departmental  commission. 

3.  The  prefect  is  the  representative  of  the  executive  au- 


614 


LOCAL  GOVERNMENT  LAWS 


thority  within  the  department.  He  is,  in  addition,  charged  with 
the  preliminary  investigation  of  matters  which  are  of  impor- 
tance to  the  department,  as  well  as  the  carrying  out  of  the 
decisions  of  the  general  council  and  of  the  departmental  com- 
mission, in  conformity  with  the  provisions  of  the  present  law. 

TITLE  II.  OF  THE  FORMATION  OF  THE  GENERAL  COUNCILS. 

4.  Each  canton  of  the  department  elects  one  member  of 
the  general  council. 

5.  The  election  is  made  by  universal  suffrage,  in  each  com- 
mune from  the  lists  drawn  up  for  the  municipal  elections. 

6.  All  citizens  enrolled  upon  a list  of  electors,  or  proving 
that  they  ought  to  be  enrolled  there  before  the  day  of  the 
election,  fully  twenty-five  years  of  age,  who  are  domiciled 
within  the  department,  and  those  who,  without  being  domiciled 
there,  are  listed  there  upon  the  roll  of  one  of  the  direct  taxes 
on  the  1st  of  January  of  the  year  in  which  the  election  takes 
place,  or  who  prove  that  they  ought  to  be  enrolled  there  on 
that  day  or  that  they  have  inherited  since  the  same  date  a 
real  estate  property  within  the  department,  are  eligible  to  the 
general  council.  However,  the  general  councillors  not  dom- 
iciled cannot  exceed  one-fourth  the  total  number  of  which 
the  council  must  be  composed. 

14.  No  one  is  elected  a member  of  the  general  council  at 
the  first  ballot,  unless  he  unites:  1st,  a majority  of  the  votes 
cast : 2d,  a number  of  votes  equal  to  a fourth  of  that  of  the 
enrolled  electors. 

At  the  second  ballot,  the  election  takes  place  by  plurality, 
whatever  may  be  the  number  of  voters.  If  several  candidates 
obtain  the  same  number  of  votes,  the  election  is  awarded  to  the 
eldest. 

21.  The  general  councillors  are  selected  for  six  years;  they 
are  renewed  hy  half  every  three  years  and  are  re-eligible  in- 
definitely. 

TITLE  III.  OF  THE  SESSIONS  OF  THE  GENERAL  COUNCILS. 

23.  The  general  councils  have  each  year  two  ordinary  ses- 


sions. 


LOCAL  GOVERNMENT  LAWS 


615 


The  session  in  which  the  budget  and  the  accounts  are 
considered  commences  with  full  right  the  first  Monday  which 
follows  August  15  and  can  be  postponed  only  by  a law. 

The  opening  of  the  other  session  takes  place  upon  the 
day  fixed  by  the  general  council  in  the  session  of  the  preced- 
ing August.  . 

The  duration  of  the  August  session  cannot  exceed  one 
month ; that  of  the  other  ordinary  session  cannot  exceed  fif- 
teen days. 

27.  The  prefect  has  entrance  to  the  general  council;  he  is 
heard  when  he  demands  it  and  is  present  at  the  deliberations, 
except  when  the  auditing  of  his  accounts  is  in  question. 

28.  The  sittings  of  the  general  councils  are  public.  Nev- 
ertheless, upon  the  request  of  five  members,  the  president  or 
the  prefect,  the  general  council,  by  rising  and  sitting,  without 
debate,  decides  whether  it  will  form  itself  into  secret  com- 
mittee. 


33.  Every  act  and  every  decision  of  a general  council  in 
relation  to  matters  which  are  not  legally  included  within  its 
powers  is  null  and  void.  The  nullity  is  pronounced  by  a de- 
cree rendered  in  the  form  of  public  administrative  regulations. 

35.  During  the  sessions  of  the  National  Assembly,  the  dis- 

solution of  a general  council  can  be  pronounced  by  the 
head  of  the  executive  power  only  under  the  express  obliga- 
tion to  render  an  account  of  it  to  the  Assembly  within  the 
shortest  space  of  time  possible 

36.  In  the  interim  of  the  sessions  of  the  National  Assem- 
bly, the  Head  of  the  Executive  Power  can  pronounce  the  dis- 
solution of  a general  council  for  causes  peculiar  to  this  coun- 
cil. 


TITLE  IV.  OF  THE  ATTRIBUTES  OF  THE  GENERAL  COUNCILS. 

37.  The  general  council  apportions  each  year,  at  its  August 
session,  the  direct  taxes,  in  conformity  with  the  rules  estab- 
lished by  the  laws. 


6i6 


LOCAL  GOVERNMENT  LAWS 


40.  The  general  council  votes  the  additional  centimes  the 
collection  of  which  is  authorised  by  the  laws. 

It  can  vote  extraordinary  centimes  within  the  limit  of  the 
maximum  annually  fixed  by  the  law  of  finances. 

It  can  likewise  vote  departmental  loans,  reimbursable  within 
a period  which  cannot  exceed  fifteen  years,  out  of  the  ordinary 
and  extraordinary  resources. 

42.  The  general  council  determines  each  year  at  its  August 
session,  within  the  limits  annually  fixed  by  the  law  of  finances, 
the  maximum  number  of  extraordinary  centimes  which  the 
municipal  councils  are  authorised  to  vote,  in  order  to  appro- 
priate the  proceeds  of  them  for  extraordinary  expenses  of  com- 
munal utility. 

44.  The  general  council  effects  the  recognition,  determines 
the  width  and  prescribes  the  opening  and  repair  of  cross- 
roads which  are  highways  and  of  common  interest. 

46.  The  general  council  decides  finally  upon  the  matters 
hereinafter  designated,  to  wit : 

[Here  follow  twenty-six  distinct  matters  embracing  the 
more  important  powers  of  local  administration.] 

47.  The  resolutions  in  which  the  general  councils  make 
definitive  decisions  are  carried  into  effect,  unless  within  a pe- 
riod of  twenty  days,  dating  from  the  close  .of  the  session, 
the  prefect  has  demanded  the  setting  aside  of  them  for  excess 
of  power  or  for  violation  of  a provision  of  a-  law  or  a regu- 
lation of  public  administration. 

48.  The  general  council  deliberates  over: 

[Here  follow  five  important  matters  of  local  government.] 

49.  The  resolutions  taken  by  the  general  council  upon  the 
matters  enumerated  in  the  preceding  article  are  carried  into 
effect,  unless  within  a period  of  three  months,  dating  from  the 
closing  of  the  session,  a decree  with  statement  of  reasons  has 
suspended  their  execution. 

50.  The  general  council  gives  its  opinion  upon : 

[Here  follow  three  matters  of  local  government.] 


LOCAL  GOVERNMENT  LAWS 


617 


51.  The  general  council  can  address  directly  to  the  minister 
concerned,  through  the  medium  of  its  president,  the  complaints 
which  it  shall  have  to  present  in  the  special  interest  of  the  de- 
partment, as  well  as  its  opinion  upon  the  condition  and  the 
needs  of  the  different  public  services,  in  that  which  touches 
the  department. 

All  expressions  of  political  opinions  are  forbidden  to  it. 
Nevertheless,  it  can  express  opinions  upon  all  economic  and 
general  administrative  questions. 

TITLE  V.  OF  THE  BUDGET  AND  OF  THE  ACCOUNTS  OF  THE 
DEPARTMENT. 

57.  The  project  for  the  budget  of  the  department  is  pre- 
pared and  presented  by  the  prefect,  who  is  required  to  commu- 
nicate it  to  the  departmental  commission,  with  the  corrobora- 
tive documents,  at  least  ten  days  before  the  opening  of  the 
August  session. 

The  budget,  considered  by  the  general  council,  is  definitively 
determined  by  decree. 

It  is  divided  into  ordinary  budget  and  extraordinary  bud- 
get. 


TITLE  VI.  OF  THE  DEPARTMENTAL  COMMISSION. 

69.  The  departmental  commission  is  elected  each  year  at 
the  end  of  the  August  session. 

It  is  composed  of  at  least  four  members  and  of  seven  at 
most,  and  it  includes  one  member  chosen,  as  nearly  as  pos- 
sible, from  among  the  councillors  elected  or  domiciled  in  each 
district.  The  members  of  the  commission  are  re-eligible  in- 
definitely. 

75.  The  members  of  the  departmental  commission  do  not 
receive  any  compensation. 

76.  The  prefect  or  his  representative  is  present  at  the  sit- 
tings of  the  commission ; they  are  heard  when  they  demand  it. 

77.  The  departmental  commission  controls  the  matters 
which  are  remitted  to  it  by  the  general  council,  within  the 


6i8 


THE  ARMY  LAW 


limits  of  the  delegation  that  is  made  to  it.  It  deliberates  over 
all  the  questions  that  are  referred  to  it  by  the  general  council, 
within  the  limits  of  the  delegation  that  is  made  to  it.  It  delib- 
erates over  all  the  questions  that  are  referred  to  it  by  the 
prefect,  and  it  gives  its  opinion  to  the  prefect  upon  all  the 
questions  which  he  submits  to  it  or  upon  which  it  believes  that 
it  ought  to  call  his  attention  in  the  interest  of  the  department. 

79.  At  the  opening  of  each  ordinary  session  of  the  gen- 
eral council,  the  departmental  commission  makes  a report  to 
it  upon  the  whole  of  its  labors  and  submits  to  it  all  the  pro- 
posals that  it  believes  useful. 

At  the  opening  of  the  August  session,  it  presents  in  a sum- 
mary report  its  observations  upon  the  budget  proposed  by  the 
prefect.  These  reports  are  printed  and  distributed,  unless  the 
commission  decides  otherwise  in  regard  to  them. 

Special  or  Temporary  Provisions. 

94.  The  present  law  is  not  applicable  to  the  department  of 
the  Seine.  A special  law  shall  be  enacted  in  respect  to  it. 


128.  Law  for  Reorganizing  the  Army. 

July  27,  1872.  Duvergier,  Lots,  LXXII,  332-362. 

The  disasters  of  the  Franco-Prussian  war  making  necessary  a 
complete  reorganization  of  the  B'rench  army,  this  law  was  passed 
after  careful  consideration,  and  with  very  slight  alterations  it  is 
still  in  force.  Two  features  of  it  call  for  particular  notice,  (1) 
the  principle  upon  which  military  service  is  based,  (2)  the  man- 
ner in  which  that  principle  is  applied. 

References.  Seignobos,  Europe  Since  18t. ),  195 ; Hanotaux, 
Con  temporary  France,  1,  465-468 ; Lavisse  and  Rambaud,  Histoire 
Generate,  XII.  10. 


TITLE  I.  GENERAL  PROVISIONS, 
i.  Every  Frenchman  owes  personal  military  service. 

3.  Every  Frenchman  who  is  not  declared  unfit  for  all  mil- 
itary service  can  be  summoned,  from  the  age  of  twenty  years 
to  that  of  forty  years,  to  make  up  part  of  the  active  army  and 


THE  ARMY  LAW 


619 


of  the  reserves,  according  to  the  mode  determined  by  the 
law. 

4.  Substitution  is  suppressed. 

The  exemptions  from  service,  under  the  conditions  specified 
by  the  law,  are  not  granted  as  final  discharges. 

5-  The  men  present  in  person  do  not  take  part  in  any  vot- 


TITI.E  II.  OF  THE  SUMMONSES. 

Section  II.  Of  the  exemptions. 

16.  Young  men  whose  infirmities  render  them  unfit  for  all 
active  or  auxiliary  service  in  the  army  are  exempt  from  mil- 
itary service. 

17.  These  are  exempt  from  military  service  in  time  of 
peace : 

1st.  The  eldest  of  fatherless  and  motherless  orphans; 

2d.  The  only  son  or  the  eldest  of  the  sons,  or  in  default  of 
son  or  son-in-law,  the  only  grandson  or  the  eldest  of  the  grand- 
sons of  a woman  actually  a widow,  or  a woman  whose  hus- 
band has  been  legally  pronounced  absent,  or  of  a father  who 
is  blind  or  has  entered  upon  his  seventieth  year. 

In  the  cases  provided  for  by  the  two  preceding  paragraphs, 
the  younger  brother  shall  enjoy  the  exemption  if  the  elder 
brother  is  blind  or  afflicted  with  any  other  incurable  infirmity 
which  renders  him  impotent. 

3d.  The  elder  of  two  brothers  summoned  to  make  up  part 
of  the  same  drawing,  if  the  younger  is  pronounced  fit  for  the 
service. 

4th.  One  whose  brother  shall  be  in  the  active  army ; 

5th.  One  whose  brother  shall  have  died  in  active  service 
or  shall  have  been  discharged  or  allowed  to  retire  on  account 
of  wounds  received  in  a required  service  or  on  account  of  in- 
firmities contracted  in  the  army  or  navy. 

20.  These  are  by  conditional  right  exempt  from  military 
service : 

[Seven  different  classes  are  named.  With  the  exception  of 
a few  artists,  all  are  either  teachers  or  students  preparing 
themselves  for  places  of  public  utility  in  state  or  church.] 


620 


THE  ARMY  LAW 


22.  Young  men  designated  by  the  municipal  councils  of  the 
commune  where  they  are  domiciled  as  the  indispensable  sup- 
porters of  families  can  be  exempted  by  provisional  title,  if 
they  discharge  these  duties  efficiently. 

These  exemptions  can  be  granted  up  to  the  extent  of  four 
per  cent  per  department  of  the  number  of  young  men  pro- 
nounced fit  for  the  service.  . 

TITLE  III.  OF  THE  MILITARY  SERVICE. 

36.  Every  Frenchman  who  is  not  declared  unfit  for  all 
military  service  makes  up  part : 

Of  the  active  army  for  five  years ; 

Of  the  reserve  of  the  active  army  for  four  years; 

Of  the  territorial  army  for  five  years ; 

Of  the  reserve  of  the  territorial  army  for  six  years. 

1st.  The  active  army,  independently  of  the  men  who  are 
not  recruited  by  the  summons,  is  composed  of  all  the  young 
men  declared  fit  for  one  of  the  services  of  the  army  and  in- 
cluded in  the  last  five  classes  summoned ; 

2d.  The  reserve  of  the  active  army  is  composed  of  all  the 
men  likewise  declared  fit  for  one  of  the  services  of  the  army 
and  included  in  the  four  classes  summoned  immediately  before 
those  which  form  the  active  army ; 

3d.  The  territorial  army  is  composed  of  all  the  men  who 
have  completed  the  time  of  service  prescribed  for  the  active 
army  and  the  reserve ; 

4th.  The  reserve  of  the  territorial  army  is  composed  of  the 
men  who  have  completed  the  time  of  service  for  that  army. 

40.  After  a year  of  service  no  more  of  the  young  men  in 
the  conditions  set  forth  in  the  preceding  article  [?'.<?.,  all  who 
are  taken  into  the  active  army]  are  kept  with  the  colors  than 
the  number  of  men  fixed  each  year  by  the  minister  of  war. 

41.  Notwithstanding  the  provisions  of  the  preceding  article, 
the  soldier  included  in  the  category  of  those  not  bound  to 
remain  with  the  colors,  but  who,  after  the  year  of  service  men- 
tioned in  the  said  article,  does  not  know  how  to  read  and  write 
and  does  not  meet  the  examinations  prescribed  by  the  minister 
of  war,  can  be  kept  in  the  ranks  for  a second  year. 


THE  ARMY  LAW 


621 


The  soldier,  placed  in  the  same  category,  who,  by  instruction 
acquired  prior  to  his  entrance  into  the  service  and  by  that  re- 
ceived with  the  colors,  fulfils  all  the  conditions  required  after 
six  months,  at  dates  fixed  by  the  minister  of  war  and  before  the 
expiration  of  the  year  can  be  sent  to  his  home  upon  the  unat- 
tached list,  in  accordance  with  the  following  article. 

42.  The  young  men  who,  after  the  time  of  service  pre- 
scribed by  articles  40  and  41,  are  not  kept  with  the  colors  re- 
main in  their  homes  on  the  unattached  list  of  the  active 
army  and  at  the  disposal  of  the  minister  of  war.  They  are 
by  a regulation  of  the  minister  of  war  subject  to  reviews  and 
drills. 

TITLE  V.  OF  ENLISTMENTS,  RE-ENLISTMENTS  AND  CONDITIONAL 
ENLISTMENTS. 

Section  III.  Of  conditional  enlistments  for  one  year. 

53.  The  young  men  who  have  obtained  the  diplomas  of 
bachelors  of  letters,  bachelors  of  science,  the  diplomas  of 
completion  of  studies  or  certificates  of  capacity  established  by 
articles  4 and  6 of  the  law  of  June  21,  1865 ; those  who  make 
up  part  of  the  central  school  of  arts  and  manufactures,  the  na- 
tional schools  of  arts  and  crafts,  the  national  schools  of  fine 
arts,  the  Conservatory  of  Music;  the  pupils  of  the  national 
veterinary  schools  and  the  national  schools  of  agriculture;  the 
day-scholars  of  the  school  of  mines,  the  school  of  bridges  and 
roads,  the  school  of  naval  engineering  and  the  pupils  of  the 
Saint  Stephen  school  of  miners,  before  the  drawing  of  the 
lot,  when  they  present  the  certificates  of  studies  designated 
by  a regulation  inserted  in  the  Bulletin  of  the  Laws,  are 
allowed  to  contract  conditional  enlistments  in  the  army  for 
one  year,  according  to  the  mode  prescribed  by  the  said  reg- 
ulation. 

54.  Independently  of  the  young  men  indicated  in  the  pre- 
ceding article,  those  who  meet  one  of  the  examinations  re- 
quired by  the  different  programs  prepared  by  the  minister  of 
war  and  approved  by  decrees  rendered  in  the  form  of  public 
administrative  regulations  are  allowed  before  the  drawing 
of  the  lot  to  contract  a similar  engagement. 


622 


OVERTHROW  OF  THIERS 


55-  The  volunteer  enlisted  for  one  year  is  clothed, 
mounted,  equipped  and  supported  at  his  own  expense. 

However,  the  minister  of  war  can  exempt  from  all  or 
part  of  the  obligations  prescribed  in  the  preceding  paragraph 
the  young  men  who  have  given  in  their  examination  proofs  of 
capacity  and  who  prove  in  the  forms  prescribed  by  the  reg- 
ulation that  it  is  impossible  for  them  to  meet  the  expenses 
resulting  from  these  obligations. 


129.  Documents  upon  the  Overthrow  of  Thiers. 


During  the  latter  part  of  3872  Thiers  alienated  many  members 
of  the  National  Assembly  who  had  at  first  supported  him.  All  the 
monarchists  were  offended  by  his  announcement  that  in  his  opin- 
ion the  time  had  come  when  the  question  of  the  definitive  form  of 
government  should  be  settled  and  that  the  Republic  was  the  form 
which  ought  to  be  adopted.  Some  conservative  republicans  were 
offended  at  his  refusal  to  use  his  presidential  authority  for  the 
repression  of  the  radical  republican  agitation  going  on  in  the 
country.  These  documents  show  how  the  two  groups  by  combining 
forces  brought  about  the  overthrow  of  Thiers.  They  also  show 
the  precise  issues  raised  and  something  of  the  attitudes  to- 
wards them.  Document  A was  presented  by  the  monarchists. 
Document  B is  Thiers’  reply  to  document  A.  The  scheme  of  gov- 
ernment which  is  brought  forward  should  be  compared  with  the 
later  Constitutional  Laws  (see  No.  133).  Document  C is  the 
proposition  upon  which  the  voting  occurred.  It  was  adopted,  360 
to  345.  Document  D was  read  in  the  National  Assembly  to  ex- 
plain the  votes  cast  by  the  fifteen  conservative  republicans  who 
signed  it.  Document  E was  issued  by  the  radical  republicans  after 
the  resignation  of  Thiers.  Gambetta  was  its  author. 

References.  Seignobos,  Europe  Since  18U,  196-197  ; Andrews, 
Modern  Europe,  II,  351-352  ; Hanotaux,  Contemporary  France,  I, 
022-652  ; Simon,  The  Government  of  Thiers,  II,  424-465  ; Lavisse 
and  Rambaud,  Histoire  Generate,  XII,  10-13. 

A.  The  De  Broglie  Interpellation.  May  19,  1873.  Journal 
Ottciel,  May  20,  1873  (Vol.  1873,  3204). 

The  undersigned,  convinced  that  the  gravity  of  the  situation 
requires  ,at  the  head  of  affairs  a cabinet  whose  firmness  re- 
assures the  country,  ask  to  interpellate  the  ministry  upon 
the  late  alterations  which  have  just  been  effected  in  their  body 
and  upon  the  necessity  of  causing  to  prevail  in  the  Government 
a resolutely  conservative  policy. 


OVERTHROW  OF  THIERS 


623 


They  propose  to  fix  upon  Friday  as  the  day  for  the  dis- 
cussion of  this  interpellation. 

B.  The  Government  Proposals.  May  19,  1873.  Journal 
OfUcicl,  May  20,  1873  (Vol.  1873,  3208-3209). 

Project  of  Law. 

1.  The  Government  of  the  Republic  is  composed  of  a 
Senate,  a Chamber  of  Representatives,  and  a President  of 
the  Republic,  head  of  the  executive  power. 

2.  The  Senate  is  formed  out  of  265  members,  French  cit- 
izens at  least  thirty-five  years  of  age  and  enjoying  all  their 
civil,  political  and  family  rights. 

The  Chamber  of  Representatives  is  formed  out  of  537 
members,  French  citizens,  at  least  twenty-five  years  of  age 
and  enjoying  all  their  civil,  political  and  family  rights. 

The  President  of  the  Republic  must  be  at  least  forty  years 
of  age  and  must  enjoy  all  his  civil,  political  and  family  rights. 

3.  The  Senate  is  selected  for  ten  years  and  is  renewed 
by  a fifth  every  two  years. 

The  Chamber  of  Representatives  is  selected  for  five  years, 
and  is  renewed  as  a body  after  the  fifth  year. 

The  President  of  the.  Republic  is  selected  for  five  years ; 
he  can  be  re-elected. 

4.  Each  of  the  eighty-six  departments  of  France  selects 
three  senators ; the  territory  of  Belfort,  the  departments  of 
Algeria,  the  islands  of  Reunion,  Martinique  and  Guadeloupe 
each  elect  one. 

The  election  is  made  by  the  direct  vote  of  the  electors  of 
the  department,  territory  or  colony,  and  by  scrutin  de  liste 
for  the  departments  of  France. 

5.  Only  the  following  can  be  elected  to  the  position  of 
senator : 

1st.  The  members  of  the  Chamber  of  Representatives ; 

2d.  The  former  members  of  the  Legislative  Assemblies; 

3d.  The  ministers  and  former  ministers ; 

4th.  The  members  of  the  Council  of  State,  of  the  court 
of  cassation  and  of  the  court  of  accounts ; 

5th.  The  presidents  and  former  presidents  of  the  general 
councils ; 

6th.  The  members  of  the  Institute; 


624 


OVERTHROW  OF  THIERS 


7th.  The  appointed  members  of  the  superior  council  of 
commerce,  agriculture  and  industry; 

8th.  The  cardinals,  archbishops  and  bishops ; 

9th.  The  presidents  of  the  two  consistories  of  the  con- 
fession of  Augsburg  which  count  the  greatest  number  of 
electors  and  of  the  twelve  consistories  of  the  reformed  relig- 
ion which  count  the  greatest  number  of  electors ; 

ioth.  The  president  and  the  grand  rabbi  of  the  central 
consistory  of  the  Israelites  of  France; 

nth.  The  marshals  and  generals  of  division  and  the  ad- 
mirals and  vice-admirals  in  active  service  or  upon  the  reserve 
list,  the  governors  of  Algeria  and  of  the  three  great  colonies 
who  have  exercised  these  functions  for  five  years ; 

12th.  The  prefects  in  active  service ; 

13th.  The  mayors  of  cities  of  over  100, coo  souls ; 

14th.  The  functionaries  who  for  two  years  have  filled  the 
positions  of  directors  in  the  central  administrations  of  the 
ministries ; 

1.5th.  The  retired  magistrates  who  have  belonged  ’to  the 
court  of  cassation  or  to  the  court  of  appeals,  or  who  have 
filled  the  position  of  president  of  a civil  tribunal. 

6.  The  eligibles  designated  in  paragraphs  1,  4 and  12  of 
the  preceding  article  shall  declare  within  the  fifteen  days 
which  shall  follow  the  elections  whether  they  intend  to  accept 
the  position  of  senator.  Their  silence  shall  be  equivalent  to 
a refusal ; their  acceptance  shall  entail  ipso  facto  their  resig- 
nation from  the  posts  which  they  occupy. 

7.  Each  of  the  362  districts  of  France,  including  therein 
the  territory  of  Belfort,  selects  one  representative.  Never- 
theless, the  district  whose  population  exceeds  100,000  inhab- 
itants shall  elect  as  many  representatives  as  it  shall  have 
times  100,000  inhabitants,  every  supplementary  fraction  count- 
ing as  100,000  inhabitants. 

The  apportionment  cannot  be  altered  except  in  virtue  of 
the  quinquennial  census  of  the  population  and  through  a law. 

Two  representatives  are  assigned  to  each  of  the  depart- 
ments of  Algeria  and  one  to  each  of  the  six  colonies  of 
Reunion,  Martinique,  Guadeloupe,  Senegal,  Guiana  and  French 
India. 

8.  The  election  of  the  representatives  is  made  by  the 


OVERTHROW  OF  THIERS 


625 


direct  vote  of  all  the  electors  of  the  district.  The  district 
which  shall  have  several  representatives  to  select  shall  be 
divided  into  as  many  sections  as  it  shall  have  representatives. 
The  sections  shall  be  formed  by  agglomerations  of  cantons. 
They  cannot  be  established  or  modified  except  by  a law. 

9.  The  President  of  the  Republic  is  selected  by  a congress 
composed  of:  ist,  the  members  of  the  Senate;  2d,  the  members 
of  the  Chamber  of  Representatives ; 3d,  a delegation  of  three 
members  designated  by  each  of  the  general  councils  of 
France  and  of  Algeria  in  their  annual  session  in  the  month 
of  August. 

This  congress  shall  be  presided  over  by  the  president  of 
the  Senate.  - 

10.  When  there  shall  be  occasion  to  select  the  President 
of  the  Republic,  the  president  of  the  Senate,  within  eight 
days,  shall  convoke  the  senators,  the  representatives  and  the 
designated  councillors-general. 

The  interval  until  the  meeting  cannot  exceed  fifteen  days. 

The  President  of  the  Republic  shall  be  selected  by  majority 
of  the  votes. 

The  president  of  the  Senate  shall  give  notice  of  the  selec- 
tion to  the  President  of. the  Republic  elect  and  to  the  pres- 
ident of  the  Chamber  of  Representatives. 

ATTRIBUTES  OF  THE  PUBLIC  AUTHORITIES. 

11.  The  initiative  for  laws  belongs  to  the  two  Chambers 
and  to  the  President  of  the  Republic. 

The  two  Chambers  share  equally  in  the  making  of  the  laws. 
Nevertheless,  tax-laws  are  submitted  first  to  the  Chamber  of 
Representatives. 

The  Senate  can  be  constituted  into  a court  of  justice  in 
order  to  try  prosecutions  for  responsibility  against  the  Pres- 
ident and  the  ministers  and  the  generals-in-chief  of  the  army 
and  navy. 

12.  Each  of  the  Chambers  is  the  judge  of  the  eligibility 
of  its  members  and  of  the  regularity  of  their  election ; it 
alone  can  receive  their  resignations. 

13.  The  senators  and  the  representatives  shall  not  be 
questioned,  accused  or  tried  at  any  time  for  the  opinions 
which  they  shall  have  expressed  in  the  Chamber  to  which 
they  belong. 


626 


OVERTHROW  OF  THIERS 


They  cannot  be  arrested  for  criminal  matters,  saving  the 
case  of  flagrante  delicto,  nor  prosecuted  until  after  the  Cham- 
ber to  which  they  belong  has  authorised  the  prosecution. 

14.  The  President  of  the  Republic  promulgates  the  laws 
when  they  have  been  voted  by  the  two  Chambers.  He  looks 
after  and  assures  the  execution  of  them. 

He  negotiates  and  ratifies  treaties.  No  treaty  is  definitive 
until  after  it  has  been  approved  by  the  two  Chambers. 

He  has  the  right  to  pardon ; amnesties  can  be  granted  only 
through  a law. 

He  disposes  of  the  armed  force,  without  authority  to  com- 
mand it  in  person. 

He  presides  at  the  national  solemnities ; the  envoys  and 
ambassadors  of  foreign  powers  are  accredited  to  him. 

The  President  of  the  Republic  and  the  ministers,  taken 
either  individually  or  collectively,  are  responsible  for  the  acts 
of  the  Government. 

15.  When  the  President  of  the  Republic  shall  be  of  the 
opinion  that  the  interest  of  the  country  requires  the  renewal 
of  the  Chamber  of  Representatives  before  the  normal  ex- 
piration of  its  powers,  he  shall  ask  of  the  Senate  the  author- 
isation to  dissolve  it.  This  authorisation  cannot  be  given  ex- 
cept in  secret  committee  and  by  majority  of  votes.  It  must 
be  given  within  a space  of  eight  days. 

The  electoral  colleges  must  be  convoked  within  the  three 
days  which  shall  follow  the  notification  made  to  the  President 
of  the  Republic  of  the  affirmative  vote  of  the  Senate. 

Temporary  Provisions. 

16.  When  the  National  Assembly  shall  have  determined 
by  a vote  the  date  at  which  it  will  separate,  the  President  of 
the  Republic  shall  convoke  the  electoral  colleges  for  the 
election  of  the  representatives  and  ultimately  for  the  election 
of  the  senators  in  such  a manner  that  the  two  Chambers  can 
constitute  themselves  upon  the  same  day  with  the  dissolution. 

The  powers  of  the  President  of  the  Republic  shall  con- 
tinue until  the  notification  of  the  congress  which  shall  have 
elected  the  new  President. 

j The  President  of  the  Republic, 

A.  Thiers. 


THE  WHITE  FLAG  LETTER 


627 


C.  The  Ernoul  Order  of  the  Day.  May  24,  1873.  Journal 
OfHciel,  May  25,  1S73  (Vol.  1873,  3316). 

The  National  Assembly, 

Considering  that  the  form  of  the  Government  is  not  in 
discussion ; that  the  Assembly  is  in  possession  of  the  con- 
stitutional laws  presented  in  virtue  of  one  of  its  decisions, 
and  that  it  ought  to  examine  them ; but  that,  from  to-day,  it 
is  important  to  reassure  the  country  by  causing  to  prevail  in 
the  Government  a resolutely  conservative  policy,  regrets  that 
the  recent  ministerial  alterations  have  not  given  to  the  con- 
servative interests  the  satisfaction  which  they  had  the  right 
to  expect,  and  passes  to  the  order  of  the  day. 

D.  The  Target  Declaration.  May  24,  1873.  Journal 
Official,  May  25,  1873  (Vol.  1873,  3315)  - 

In  the  name  of  my  colleagues,  whose  names  follow,  I have 
the  honor  to  declare,  in  order  to  define  precisely  the  idea  and 
bearing  of  our  votes,  that,  in  associating  ourselves  together 
upon  the  order  of  the  day,  we  all  declare  ourselves  resolved 
to'  accept  the  republican  solution  such  as  results  from  the 
totality  of  the  constitutional  laws  presented  by  the  Government, 
and  to  put  an  end  to  the  provisional  government  which  com- 
promises the  material  interests  of  the  country.  We  intend,  in 
adopting  this  order  of  the  day  [?.  e.  Ernoul’s],  to  express  the 
idea  that  the  Government  of  the  President  of  the  Republic 
henceforth  ought  to  cause  to  prevail  by  its  acts  a clear  and  res- 
olutely conservative  policy. 

E.  Manifesto  of  the  Extreme  Left.  May  24,  1873.  The 
Times  (London),  May  25,  1873. 

The  members  of  the  Extreme  Left,  while  recognizing  the 
gravity  of  the  present  state  of  affairs,  are  convinced  that  they 
have  the  country  at  their  back,  and  are  unanimously  of  opinion 
that  with  coolness  and  vigilance  they  will  be  able  to  avert  all 
danger.  They  declare  that  there  exist  in  the  Assembly  the 
necessary  elements  for  the  formation  of  a majority  capable  of 
withstanding  the  Government  in  any  reactionary  attempts. 

130.  The  White  Flag  Letter. 

October  27,  1873.  Translation,  The  Times  (London),  October 
31,  1873. 


This  document  throws  light  upon  the  most  serious  attempt 


628 


THE  WHITE  FLAG  LETTER 


after  1S70  to  re-establish  monarchy  in  Fiance.  A fusion  of  the 
Legitimist  and  Orleanist  forces  having  been  arranged  by  mutual 
agreement,  the  election  of  the  Count  of  Chambord  seemed  almost 
a certainty.  To  get  favorable  action  from  the  National  Assembly, 
however,  it  was  necessary  that  there  should  be  agreement  as  to  a 
constitution  and  a flag.  At  a time  when  the  fusionists  in  the 
National  Assembly  believed  that  these  matters  had  been  satis- 
factorily arranged,  including  the  adoption  of  the  tri-color,  the 
Count  of  Chambord  astonished  and  disconcerted  his  supporters  by 
publishing  this  letter.  It  made  impossible  his  election,  and  there- 
by prevented  the  re-establishment  of  monarchy.  If  carefully  stud- 
ied the  document  will  reveal,  back  of  its  vague  and  figurative  lan- 
guage, the  reasons  why  tho  Count  of  Chambord  could  not  accept 
the  kind  of  position  which  his  election  by  the  National  Assembly 
would  have  entailed. 

References.  Seignobos,  Europe  Since  1SH,  199-200  ; Andrews, 
Modern  Europe,  II,  353  : Coubertin,  Evolution  of  France  under 
the  Third  Republic,  37-41  ; Lavisse  and  Rambaud,  Histoire  Gener- 
ate, XII,  13-14. 


Salzburg,  Oct.  27. 

Sir, — I have  preserved  so  pleasant  a recollection  of  your 
visit  to  Salzburg,  I have  conceived  so  great  an  esteem  for 
your  noble  character,  that  I do  not  hesitate  to  address  myself 
to  you  as  frankly  as  you  came  to  me.  For  many  long  hours 
you  spoke  with  me  of  the  destinies  of  our  well-beloved  country, 
and  I know  that  on  your  return  you  uttered  to  your  colleagues 
words  which  will  earn  you  my  eternal  gratitude.  I thank  you 
for  having  so  well  understood  the  anguish  of  my  heart,  and 
for  not  having  concealed  the  firmness  of  my  decisions.  I 
was  not  affected  when  public  opinion,  carried  away  by  a 
current  which  I deplore,  alleged  that  I at  last  consented 
to  become  the  Legitimist  King  of  a Revolution.  I possessed 
as  my  security  the  testimony  of  a man  of  feeling;  I resolved 
to  remain  silent  so  long  as  I was  not  compelled  to  make  an 
appeal  to  your  honesty ; but  as,  notwithstanding  your  efforts, 
misapprehensions  accumulate  which  tend  to  obscure  my  pol- 
icy, though  it  is  as  clear  as  the  day,  I owe  the  whole  truth 
to  that  country  which,  however  it  may  misunderstand  me, 
yet  believes  me  sincere,  knowing  that  I have  never  deceived 
it  and  never  will.  I am  asked  now  to  sacrifice  my  honour. 
What  can  I reply,  but  that  I retract  nothing  and  curtail 
nothing  of  my  previous  declarations?  The  claims  of  yester- 
day give  me  the  measure  of  what  would  be  exacted  of  me 
on  the  morrow,  and  I cannot  consent  to  inaugurate  a repar- 


THE  WHITE  FLAG  LETTER 


62p 


ative  and  strong  reign  by  an  act  of  weakness.  People  some- 
times contrast  the  firmness  of  Henri  V with  the  ability  of 
Henri  IV.  “The  passionate  love  which  I bear  my  subjects,” 
said  Henri  IV,  “makes  everything  honourable  for  me  that 
is  possible.”  On  that  point  I will  concede  him  nothing ; but  I 
should  like  to  know  what  lesson  would  have  been  taught  any 
one  imprudent  and  venturesome  enough  to  persuade  him  to 
renounce  the  standard  of  Arques  and  Ivry?  You  belong,  sir, 
to  the  province  where  he  came  into  existence,  and  you  will 
be,  with  me,  of  opinion  that  he  would  speedily  have  disarmed 
his  interlocutor  by  saying  with  his  Bearn  vigour,  “My  friend, 
take  my  White  Flag ; it  will  always  lead  you  to  the  path  of 
honour  and  victory.”  I have  been  accused  of  not  holding 
the  valour  of  our  soldiers  in  sufficiently  high  esteem,  and 
this  at  a moment  when  I do  but  aspire  to  confide  to  them  all 
that  I hold  most  dear.  Is  it,  then,  forgotten  that  honour  is 
the  common  patrimony  of  the  House  of  Bourbon  and  the 
French  army,  and  that  on  that  point  a misunderstanding  is 
impossible  between  them?  No,  I do  not  ignore  any  of  my 
country’s  glories,  and  God  alone,  in  the  depth  of  my  exile,  has 
seen  the  tears  of  gratitude  I have  shed  each  time  that  the 
children  of  France,  whether  in  good  or  evil  fortune,  have 
shown  themselves  worthy  of  her.  But  we  have  a great 
work  to  accomplish  together.  I am  ready — quite  ready — to 
undertake  it  when  so  desired — to-morrow,  this  evening,  this 
moment.  This  is  why  I wish  to  remain  entirely  as  I am. 
Enfeebled  to-day,  I should  be  powerless  to-morrow.  The 
issue  at  stake  is  none  other  than  that  of  reconstructing  society, 
deeply  disturbed,  upon  its  natural  bases ; of  energetically  en- 
suring the  reign  of  law  and  order,  of  restoring  prosperity  at 
home,  concluding  lasting  alliances  abroad,  and,  especially,  of 
not  fearing  to  employ  force  in  the  service  of  order  and  justice. 
They  speak  of  conditions ! were  any  required  of  me  by  that 
young  Prince  whose  honest  embrace  I experienced  with  so 
much  happiness,  and  who,  listening  only  to  the  dictates  of  his 
patriotism,  came  spontaneously  to  me,  bringing  me  in  the 
name  of  all  his  family  assurances  of  peace,  devotedness,  and 
reconciliation  ? They  wish  for  guarantees ! were  any  asked 
of  that  Bayard  of  modern  times  on  that  memorable  night 
when  they  imposed  upon  his  modesty  the  glorious  mission  of 


630 


LAW  OF  THE  SEPTENNATE 


iranquilizing  his  country  by  one  of  those  words  of  an  honest 
man  which  reassure  the  good  and  make  the  wicked  tremble? 
I,  it  is  true,  have  not  borne,  as  he  did,  the  sword  of  France 
on  twenty  battlefields ; but  for  forty-three  years  I have  pre- 
served intact  the  sacred  deposit  of  our  traditions  and  our 
liberties.  I have,  therefore,  a right  to  reckon  upon  equal  con- 
fidence, and  I ought  to  inspire  the  same  sense  of  'security. 
My  personality  is  nothing;  my  principle  is  everything.  France 
will  see  the  end  of  her  trials  when  she  is  willing  to  under- 
stand this.  I am  a necessary  pilot,  the  only  one  capable  of 
guiding  the  ship  to  port,  because  I have  for  that  a mission 
of  authority.  You,  sir,  are  able  to  do  much  to  remove  mis- 
understandings and  prevent  weaknesses  in  the  hour  of  strug- 
gle. Your  consoling  words  on  leaving  Salzburg  are  ever 
present  to  my  mind.  France  cannot  perish,  for  Christ  still 
loves  His  Franks;  and  when  God  has  resolved  to  save  a 
people,  Fie  takes  care  that  the  sceptre  of  justice  is  only  put 
into  hands  strong  enough  to  hold  it. 


131.  Law  of  the  Septennate. 

November  20,  3 873.  Duvergier,  Lois,  LXXIII,  363-368. 

This  law  was  enacted  after  the  failure  of  the  attempt  to  re- 
store monarchy.  (See  No.  130.)  Opposed  by  the  two  extremes, 
it  was  passed  by  a combination  of  centre  groups,  each  group  vot- 
ing for  it  out  of  motives  peculiar  to  itself.  The  document  should 
be  studied  in  connection  with  No.  124,  as  it  became  with  what  was 
carried  over  from  them  a sort  of  provisional  constitution. 

KKPF.iiENCES.  Seignobos,  Europe  Since  lSl!h  200 ; Andrews, 
Modern  Europe,  II,  353-354  ; Bodley,  France,  I.  2S1  ; Lavisse  and 
Rambaud,  IJistoire  Generate,  XII,  14-15. 

1.  The  executive  power  is  entrusted  for  seven  years  to 
Marshal  de  MacMahon,  Duke  of  Magenta,  dating  from  the 
promulgation  of  the  present  law ; this  power  shall  continue 
to  be  exercised  with  the  title  of  President  of  the  Republic 
and  under  the  existing  conditions  until  the  modifications  which 
may  be  effected  therein  by  the  constitutional  laws. 

2.  Within  the  three  days  which  shall  follow  the  pro- 
mulgation of  the  present  law,  a commission  of  thirty  members 
shall  be  selected,  in  public  and  by  senitin  de  liste,  for  the 
examination  of  constitutional  laws. 


ESTABLISHMENT  OF  THE  REPUBLIC 


631 


132.  Documents  upon  the  Establishment  of  the  Republic. 


These  documents,  with  those  alluded  to  in  them,  show  the  man- 
ner in  which  the  Third  Republic  became  definitively  established. 
The  first  two  show  the  status  of  the  matter  during  1874-  Docu- 
ment A represents  the  program  of  those  who  desired  that  the  Re- 
public should  be  proclaimed  at  once : document  B.  that  of  their 
opponents.  The  difference  between  the  two  should  be  carefully 
noted  and  each  should  be  compared  with  what  was  finally  adopted 
(No.  133).  The  National  Assembly  was  unable  to  come  to  a 
decision  upon  the  issue  presented  by  the  two  documents.  It  re- 
jected document  A after  having  once  given  it  an  indirect  sanction, 
but  it  did  not  adopt  the  positive  program  of  document  B.  When 
the  Assembly  met  again  in  January,  1875,  the  republicans  finally 
succeeded  in  accomplishing  indirectly  what  they  had  failed  to  do 
directly.  This  was  done  by  amending  document  B.  Several 
amendments  only  slightly  different  in  meaning  were  offered  and 
beaten.  Document  C is  a type  of  these  amendments.  Document 
D,  the  amendment  finally  secured,  was  passed  by  a vote  of  353  to 
352.  The  difference  in  meaning  between  document  C and  D should 
be  carefully  noted,  and  likewise  the  character  of  the  change 
effected  in  document  B through  the  adoption  of  the  amendment. 

References.  Seignobos,  Europe  Since  1S1J,,  200-201  ; Andrews, 
Modern  Europe,  II,  354-356 ; C.  F.  A.  Currier,  Annals  of  the 
American  Academy  of  Political  and  Social  Science,  Supplement, 
March,  1893,  20-32  ; Lavisse  and  Rambaud,  Histoire  Generate, 
XII,  16-18. 

A.  The  Casimir-Perier  Proposal.  June  15,  1874.  Journal 
OiUciel,  June  16,  1874  (Vol.  1874,  4050). 

The  National  Assembly,  wishing  to  put  an  end  to  the 
anxieties  of  the  country,  adopts  the  following  resolution : 

The  commission  upon  the  constitutional  laws  shall  take  as 
the  basis  of  its  labors  upon  the  organization  and  transmission 
of  the  public  powers : 

1.  Article  1 of  the  project  of  law  deposited  May  19,  1873, 
thus  expressed:  “The  Government  of  the  French  Republic 
is  composed  of  two  Chambers  and  of  a President,  head  of  the 
executive  power;” 

2.  The  law  of  November  20,  1873,  by  which  the  Pres- 
idency of  the  Republic  has  been  entrusted  to  M.  Marechal 
de  MacMahon  until  November  20,  1880 ; 

3.  The  consecration  of  the  right  of  partial  or  total  re- 
vision of  the  Constitution,  in  the  forms  and  at  the  dates  which 
the  constitutional  law  shall  determine. 

B.  The  Yentavon  Proposal.  July  15,  1874.  Journal  OfKciel, 
July  16,  1874  (Vol.  1874,  4955). 


< 532  ESTABLISHMENT  OF  THE  REPUBLIC 

The  commission  has  the  honor  to  propose  to  you : in  the 
first  place,  to  reject  the  proposal  of  M.  Casimir-Perier  upon 
which  urgency  has  been  declared ; in  the  second  place,  to 
vote  in  the  form  of  the  rule  the  following  articles  of  the 
constitutional  law : 

1.  Marshal  de  MacMahon,  President  of  the  Republic,  con- 
tinues to  exercise  with  that  title  the  executive  authority  with 
which  he  is  invested  by  the  law  of  November  20,  1873. 

2.  He  is  responsible  only  in  the  case  of  high  treason. 

The  ministers  are  collectively  responsible  before  the  Cham- 
bers for  the  general  policy  of  the  Government,  and  individually 
for  their  personal  acts. 

3.  The  legislative  power  is  exercised  by  two  Assemblies : 
the  Chamber  of  Deputies  and  the  Senate. 

The  Chamber  of  Deputies  is  selected  by  universal  suffrage, 
under  the  conditions  determined  by  the  electoral  law. 

The  Senate  is  composed  of  members  elected  or  appointed 
in  the  proportions  and  under  the  conditions  which  shall  be  reg- 
ulated by  a special  law. 

4.  The  Marshal  President  of  the  Republic  is  invested  with 
the  right  to  dissolve  the  Chamber  of  Deputies.  In  that  case, 
a new  election  shall  be  proceeded  with  within  the  space  of  six 
months. 

5.  At  the  expiration  of  the  term  fixed  by  the  law  o? 
November  20,  1873,  as  in  case  of  vacancy  of  the  presidential 
authority,  the  council  of  ministers  immediately  convokes  the 
two  Assemblies  which,  met  in  congress,  decide  upon  the 
measures  to  be  taken. 

During  the  continuance  of  the  powers  entrusted  to  Marshal 
de  MacMahon,  revision  of  the  constitutional  laws  can  be  made 
only  upon  his  proposal. 

C.  The  Proposed  Laboulaye  Amendment.  January  28, 
1875.  Journal  Official,  January  29,  1875  (Vol.  1875,  768-769). 

The  Government  of  the  Republic  is  composed  of  two 
Chambers  and  of  a President. 

D.  The  Wallon  Amendment.  January  29-30,  1875.  Jo'urnal 
Official,  January  30,  1875  (Vol.  1875,  798). 

The  President  of  the  Republic  is  elected  by  the  plurality  of 
the  votes  by  the  Senate  and  by  the  Chamber  of  Deputies  met 
in  National  Assembly. 

He  is  selected  for  seven  years.  He  is  re-eligible. 


THE  CONSTITUTIONAL  LAWS 


633 


133.  The  Constitutional  Laws  and  Amendments. 

Translations,  C.  F.  A.  Currier,  Supplement  to  tlic  Annals  of  the 
American  Academy  of  Political  and  Social  science,  March,  1893,  42- 
50. 

These  documents  taken  together  constitute  the  present  written 
constitution  of  France.  Their  real  character  may  be  best  brought 
out  by  a series  of  comparisons.  (1)  They  should  be  compared 
with  the  constitutions  which  created  some  of  the  preceding  gov- 
ernments of  France,  particularly  those  of  1830  (No.  105)  and 
1848  (No.  110)  for  the  preceding  parliamentary  regime  and  the 
preceding  republic.  (2)  A comparison  with  a typical  written  con- 
stitution such  as  the  American  federal  constitution  will  empha- 
size one  characteristic  feature.  (3)  By  comparing  the  scheme 
of  government  with  the  actual  government  of  England  other  im- 
portant characteristics  will  be  revealed. 

References.  Seignobos,  Europe  Since  181),  202-204 ; Lowell, 
Governments  and  Parties  in  Continental  Europe,  I,  11-14  ; Bodley, 
France,  I,  263-270 ; Coubertin,  Evolution  of  France  under  the 
Third  Republic,  53-61 ; Lavisse  and  Rambaud,  Histoire  Generate, 
XII,  19-21. 

A.  Law  upon  the  Organization  of  the  Senate.  February 
24,  1875.  Duvergier,  Lois,  LXXV,  54-62. 

1.  The  Senate  consists  of  three  hundred  members : 

Two  hundred  and  twenty-five  elected  by  the  departments 

and  colonies,  and  seventy- five  elected  by  the  National  Assem- 
bly. 

2.  The  departments  of  the  Seine  and  of  the  Nord  elect 
each  five  senators. 

The  following  departments  elect  four  senators  each : 

Seine-Inferieure , Pas-de-Calais,  Gironde,  Rhone,  Finistere, 
Cotes-du-Nord. 

1'he  following  departments  elect  three  senators  each : 

Loire-Inferieure,  Saone-et-Loire,  Ille^et-Vilaine,  Seine-et-Oise, 
Isere,  Puy-de-Dome,  Somme,  Bouches-du-Rhone,  Aisne,  Loire, 
Manche.  Maine-et-Loire,  Morbihan,  Dordogne,  Haute-Garonne, 
Charente-Inferieure,  Calvados,  Sarthe,  Herault,  Basses-Pyr- 
enees,  Gard,  Aveyron,  Vendee,  Orne,  Oise,  Vosges,  Allier. 

All  the  other  departments  elect  two  senators  each. 

The  following  elect  one  senator  each : the  territory  of  Bel- 
fort, the  three  departments  of  Algeria,  the  four  colonies : Mar- 
tinique, Guadeloupe,  Reunion  and  the  French  Indies. 

3.  No  one  can  be  senator  unless  he  is  a French  citizen,  forty 
years  of  age  at  least,  and  enjoying  civil  and  political  rights. 


634 


THE  CONSTITUTIONAL  LAWS 


4.  The  senators  of  the  departments  and  colonies  are  elected 
by  an  absolute  majority  and  by  scrutin  de  liste,  by  a college 
meeting  at  the  capital  of  the  department  or  colony  and  com- 
posed : 

1st,  of  the  deputies; 

2d,  of  the  general  councillors ; 

3d,  of  the  arrondissement  councillors ; 

4th,  of  delegates  elected,  one  by  each  municipal  council, 
from  among  the  voters  of  the  commune. 

In  the  French  Indies  the  members  of  the  colonial  council 
or  of  the  local  councils  are  substituted  for  the  general  coun- 
cillors, arrondissement  councillors  and  delegates  from  the 
municipal  councils. 

They  vote  at  tne  capital  of  each  district. 

5.  The  senators  chosen  by  the  Assembly  are  elected  by 
scrutin  de  liste  and  by  an  absolute  majority  of  votes. 

6.  The  senators  of  the  departments  and  colonies  are  elected 
for  nine  years  and  renewable  by  thirds  every  three  years. 

At  the  beginning  of  the  first  session  the  departments  shall 
be  divided  into  three  series  containing  an  equal  number  of 
senators  each.  It  shall  be  determined  by  lot  which  series  shall 
be  renewed  at  the  expiration  of  the  first  and  second  triennial 
periods. 

7.  The  senators  elected  by  the  Assembly  are  irremovable. 

Vacancies  by  death,  by  resignation,  or  for  any  other  reason, 

shall,  within  the  space  of  two  months,  be  filled  by  the  Senate 
itself. 

8.  The  Senate  has,  concurrently  with  the  Chamber  of  Dep- 
uties, the  initiative  and  passing  of  laws.  Money  bills,  how- 
ever, must  first  be  introduced  in,  and  passed  by  the  Chamber 
of  Deputies. 

9.  The  Senate  may  be  constituted  a Court  of  'Justice  to 
judge  either  the  President  of  the  Republic  or  the  Ministers, 
and  to  take  cognizance  of  attacks  made  upon  the  safety  of  the 
State. 

10.  Elections  to  the  Senate  shall  take  place  one  month 
before  the  time  fixed  by  the  National  Assembly  for  its  own 
dissolution.  The  Senate  shall  organize  and  enter  upon  its 
duties  the  same  day  that  the  National  Assembly  is  dissolved. 


THE  CONSTITUTIONAL  LAWS 


635 


ii.  The  present  law  shall  be  promulgated  only  after  the 
passage  of  the  law  on  the  public  powers. 

B.  Law  upon  the  Organization  of  the  Public  Powers. 
February  25,  1875.  Duvergier,  Lois,  LXXV,  42-53. 

1.  The  legislative  power  is  exercised  by  two  assemblies: 
the  Chamber  of  Deputies  and  the  Senate. 

The  Chamber  of  Deputies  is  elected  by  universal  suffrage, 
under  the  conditions  determined  by  the  electoral  law. 

The  composition,  the  method  of  election,  and  the  powers  of 
the  Senate  shall  be  regulated  by  a special  law. 

2.  The  President  of  the  Republic  is  chosen  by  an  absolute 
majority  of  votes  of  the  Senate  and  Chamber  of  Deputies 
united  in  National  Assembly 

He  is  elected  for  seven  years.  He  is  re-eligible. 

3.  The  President  of  the  Republic  has  the  initiative  of  the 
laws,  concurrently  with  the  members  of  the  two  Chambers. 

He  promulgates  the  laws  when  they  have  been  voted  by  the 
two  Chambers  ; he  looks  after  and  secures  their  execution. 

He  has  the  right  of  pardon ; amnesty  can  be  granted  by  law 
only. 

He  disposes  of  the  armed  force. 

He  appoints  to  all  civil  and  military  positions. 

He  presides  over  national  festivals ; envoys  and  ambassadors 
of  foreign  powers  are  accredited  to  him. 

Every  act  of  the  President  of  the  Republic  must  be  coun- 
tersigned by  a minister. 

4.  As  vacancies  occur  on  and  after  the  promulgation  of  the 
present  law,  the  President  of  the  Republic  appoints,  in  the 
Council  of  Ministers,  the  Councillors  of  State  in  ordinary  ser- 
vice. 

The  Councillors  of  State  thus  chosen  may  be  dismissed  only 
by  decree  rendered  in  the  Council  of  Ministers. 

The  Councillors  of  State  chosen  by  virtue  of  the  law  of 
May  24,  1872,  cannot,  before  the  expiration  of  their  powers, 
be  dismissed  except  in  the  manner  determined  by  that  law. 
After  the  dissolution  of  the  National  Assembly,  revocation 
may  be  pronounced  only  by  resolution  of  the  Senate. 

5.  The  President  of  the  Republic  may,  with  the  advice  of 
the  Senate,  dissolve  the  Chamber  of  Deputies  before  the 
legal  expiration  of  its  term. 


636 


THE  CONSTITUTIONAL,  LAWS 


In  that  case  the  electoral  colleges  are  summoned  for  new 
elections  within  the  space  of  three  months. 

6.  The  Ministers  are  jointly  and  severally  (solidairement) 
responsible  to  the  Chambers  for  the  general  policy  of  the  gov- 
ernment, and  individually  for  their  personal  acts. 

The  President  of  the  Republic  is  responsible  in  case  of 
high  treason  only. 

7.  In  case  of  vacancy  by  death  or  for  any  other  reason, 
the  two  Chambers  assembled  together  proceed  at  once  to  the 
election  of  a new  President. 

In  the  meantime  the  Council  of  Ministers  is  invested  with 
the  executive  power. 

8.  The  Chambers  shall  have  the  right  by  separate  resolu- 
tions, taken  in  each  by  an  absolute  majority  of  votes,  either 
upon  their  own  initiative  or  upon  the  request  of  the  President 
of  the  Republic,  to  declare  a revision  of  the  Constitutional 
Laws  necessary. 

After  each  of  the  two  Chambers  shall  have  come  to  this  de- 
cision they  shall  meet  together  in  National  Assembly  to  pro- 
ceed with  the  revision. 

The  acts  effecting  revision  of  the  constitutional  laws,  in 
whole  or  in  part,  must  be  by  an  absolute  majority  of  the  mem- 
bers composing  the  National  Assembly. 

During  the  continuance,  however,  of  the  powers  conferred 
by  the  law  of  November  20,  1873,  upon  Marshal  de  MacMahon, 
this  revision  can  take  place  only  upon  the  initiative  of  the 
President  of  the  Republic. 

9.  The  seat  of  the  Executive  Power  and  of  the  two  Cham- 
bers is  at  Versailles. 

I 

C.  Law  upon  the  Relation  of  the  Public  Powers.  July  16, 
1875.  Duvergier,  Lois,  LXXV,  250-255. 

1.  The  Senate  and  the  Chamber  of  Deputies  shall  assemble 
each  year  the  second  Tuesday  of  January,  unless  convened 
earlier  by  the  President  of  the  Republic. 

The  two  Chambers  continue  in  session  at  least  five  months 
each  year.  The  sessions  of  each  begin  and  end  at  the  same 
time. 

On  the  Sunday  following  the  opening  of  the  session,  public 
prayers  shall  be  addressed  to  God  in  the  churches  and  tem- 
ples, to  invoke  His  aid  in  the  labors  of  the  Chambers. 


THE  CONSTITUTIONAL  LAWS 


637 


2.  The  President  of  the  Republic  pronounces  the  closure 
of  the  session.  He  may  convene  the  Chambersin  extra  session. 
He  must  convene  them  if,  during  the  recess,  an  absolute  ma- 
jority of  the  members  of  each  Chamber  request  it. 

The  President  may  adjourn  the  Chambers.  The  adjourn- 
ment, however,  must  not  exceed  one  month,  nor  take  place 
more  than  twice  in  the  same  session. 

3.  One  month  at  least  before  the  legal  expiration  of  the 
powers  of  the  President  of  the  Republic,  the  Chambers  must 
be  called  together  in  National  Assembly  and  proceed  to  the 
election  of  a new  president. 

In  default  of  a summons,  this  meeting  shall  take  place,  as 
of  right  the  fifteenth  day  before  the  expiration  of  those  pow- 
ers. 

In  case  of  the  death  or  resignation  of  the  President  of 
the  Republic,  the  two  Chambers  shall  reassemble  immediately, 
as  of  right. 

In  case  the  Chamber  of  Deputies,  in  consequence  of  Article 
5 of  the  law  of  February  25,  1875,  is  dissolved  at  the  time 
when  the  presidency  of  the  Republic  becomes  vacant,  the  elec- 
toral colleges  shall  be  convened  at  once,  and  the  Senate  shall 
reassemble  as  of  right. 

4.  Every  meeting  of  either  of  the  two  Chambers  which 
shall  be  held  at  a time  other  than  the  common  session  of 
both  is  illegal  and  void,  except  the  case  provided  for  in  the 
preceding  article,  and  that  when  the  Senate  meets  as  a court  of 
justice;  and  in  this  last  case,  judicial  duties  alone  shall  be 
performed. 

5.  The  sittings  of  the  Senate  and  of  the  Chamber  of  Depu- 
ties are  public. 

Nevertheless  each  Chamber  may  meet  in  secret  session, 
upon  the  request  of  a fixed  number  of  its  members,  determined 
by  the  rules. 

It  decides  by  absolute  majority  whether  the  sitting  shall 
be  resumed  in  public  upon  the  same  subject. 

6.  The  President  of  the  Republic  communicates  with  the 
Chambers  by  messages,  which  are  read  from  the  tribune  by  a 
Minister. 

The  Ministers  have  entrance  to  both  Chambers,  and  must 
be  heard  when  they  request  it.  They  may  be  represented,  for 


638 


THE  CONSTITUTIONAL  LAWS 


the  discussion  of  a specific  bill,  by  commissioners  designated  by 
decree  of  the  President  of  the  Republic. 

7.  The  President  of  the  Republic  promulgates  the  laws 
within  the  month  following  the  transmission  to  the  Government 
of  the  law  finally  passed.  He  must  promulgate,  within  three 
days,  laws  whose  promulgation  shall  have  been  declared  urgent 
by  an  express  vote  in  each  Chamber. 

Within  the  time  fixed  for  promulgation  the  President  of 
the  Republic  may,  by  message  with  reasons  assigned,  request 
of  the  two  Chambers  a new  discussion,  which  cannot  be  re- 
fused. 

8.  The  President  of  the  Republic  negotiates  and  ratifies 
treaties.  He  communicates  them  to  the  Chambers  as  soon  as 
the  interests  and  safety  of  the  State  permit. 

Treaties  of  peace,  and  of  commerce,  treaties  which  involve 
the  finances  of  the  State,  those  relating  to  the  persons  and 
property  of  French  citizens  in  foreign  countries,  shall  be- 
come definitive  only  after  having  been  voted  by  the  two  Cham- 
bers. 

No  cession,  no  exchange,  no  annexation  of  territory  shall 
take  place  except  by  virtue  of  a law. 

9.  The  President  of  the  Republic  cannot  declare  war 
except  by  the  previous  assent  of  the  two  Chambers. 

10.  Each  Chamber  is  the  judge  of  the  eligibility  of  its  mem- 
bers, and  of  the  legality  of  their  election ; it  alone  can  receive 
their  resignation. 

11.  The  bureau  of  each  Chamber  is  elected  each  year 
for  the  entire  session,  and  for  every  extra  session  which  may 
be  held  before  the  ordinary  session  of  the  following  year. 

When  the  two  Chambers  meet  together  as  a National  As- 
sembly, their  bureau  consists  of  the  President,  Vice-Presidents 
and  Secretaries  of  the  Senate. 

12.  The  President  of  the  Republic  may  be  impeached  by 
the  Chamber  of  Deputies  only,  and  tried  by  the  Senate  only. 

The  Ministers  may  be  impeached  by  the  Chamber  of  Dep- 
uties for  offences  committed  in  the  performance  of  their  duties. 
In  this  case  they  are  tried  by  the  Senate. 

The  Senate  may  be  constituted  a Court  of  Justice,  by  a 
decree  of  the  President  of  the  Republic,  issued  in  the  Council 


THE  CONSTITUTIONAL  LAWS 


639 


of  Ministers,  to  try  all  persons  accused  of  attempts  upon  the 
safety  of  the  State. 

If  procedure  is  begun  by  the  ordinary  courts,  the  decree 
convening  the  Senate  may  be  issued  any  time  before  the  grant- 
ing of  a discharge. 

A law  shall  determine  the  method  of  procedure  for  the  ac- 
cusation, trial  and  judgment. 

13.  No  member  of  either  Chamber  shall  be  prosecuted 
or  held  responsible  on  account  of  any  opinions  expressed  or 
votes  cast  by  him  in  the  performance  of  his  duties. 

14.  No  member  of  either  Chamber  shall,  during  the  session, 
be  prosecuted  or  arrested  for  any  offence  or  misdemeanor, 
except  on  the  authority  of  the  Chamber  of  which  he  is  a mem- 
ber. unless  he  be  caught  in  the  very  act. 

Tire  detention  or  prosecution  of  a member  of  either  Chamber 
is  suspended  for  the  session,  and  for  its  [the  Chamber’s] 
entire  term,  if  it  demands  it. 

D.  Amendment  upon  the  Seat  of  Government.  June  21, 
1879.  Duvergier,  Lois,  LXXIX,  213-227. 

Article  9 of  the  constitutional  law  of  February  25,  1875,  is 
repealed. 

E.  The  Amendments  of  1884.  August  14,  1S84.  Duver- 
gier, Lois,  LXXXIV,  240-250. 

1.  Paragraph  2 of  Article  5 of  the  constitutional  law  of 
February  25,  1875,  on  the  Organization  of  the  Public  Powers, 
is  amended  as  follows : 

“In  that  case  the  electoral  colleges  meet  for  new  elections 
within  two  months,  and  the  Chambers  within  the  ten  days 
following  the  close  of  the  elections.” 

2.  To  Paragraph  3 of  Article  8 of  the  same  law  of  Febru- 
ary 25,  1875,  is  added  the  following: 

“The  Republican  form  of  the  Government  cannot  be  made 
the  subject  of  a proposed  revision. 

“Members  of  families  that  have  reigned  in  France  are  in- 
eligible to  the  presidency  of  the  Republic.” 

3.  Articles  1 to  7 of  the  constitutional  law  of  February  24, 
1875,  on  the  Organization  of  the  Senate,  shall  no  longer  have 
a constitutional  character. 

4.  Paragraph  3 of  Article  1 of  the  constitutional  law  of 
July  16,  1875,  on  the  Relation  of  the  Public  Powers,  is  repealed. 


640 


THE  16TH  OF  MAY  CRISIS 


134.  Documents  upon  the  16th  of  May  Crisis. 

From  these  documents  much  may  be  learned  about  the  real 
nature  of  the  famous  lGth  of  May  crisis.  The  acceptance  of  the 
resignation  virtually  asked  for  in  document  A and  offered  in  doc- 
ument B led  to  the  adoption  by  the  Chamber  of  Deputies  of  doc- 
ument C.  It  was  presented  by  Gambetta  as  that  agreed  upon  by 
all  the  groups  of  the  republican  majority  and  was  passed  347  to 
149.  In  consequence,  MacMahon  first  adjourned  the  Chamber  of 
Deputies  for  a month  and  then,  with  the  consent  of  the  Senate, 
dissolved  it.  The  remaining  documents,  except  the  last,  are  in- 
tended to  give  an  idea  of  the  vigorous  and  acrimonious  electoral 

campaign  which  followed.  In  the  manifestoes  of  MacMahon  spec- 
ial attention  should  be  given  to  the  list  of  the  achievements  of 
his  government,  his  explanation  of  the  issues  involved,  and  what 
is  announced  or  implied  as  to  the  future.  Documents  D and  F 
are  both  the  work  of  Gambetta.  Their  analysis  of  the  situation 
from  the  republican  standpoint  and  their  list  of  administrative 
measures  for  infhjencing  the  elections  should  be  carefully  noted. 
The  electi-ns  were  an  overwhelming  victory  for  the  republicans. 
Document  H shows  how  MacMahon  accepted  the  result. 

References.  Seignobos,  Europe  Since  1814,  205-207  ; Andrews, 
Modern  Europe,  35G-357 ; Coubertin,  Evolution  of  France  under 
the  Third  Ecpvblic,  Gl-74;  Bodley,  France,  I,  286-291;  Lavisse 
and  Ramhaud,  Histoirc  Generate,  XII,  23-28. 

A.  Letter  of  MacMahon  to  Simon.  May  16,  1877.  Journal 
OfF.ciel,  May  17,  1877  (Vol.  1877,  3689-3690). 

Mr.  President  of  the  Council, 

I have  just  read  in  the  Journal  Ofhciel  the  report  of  the 
sitting  of  yesterday.  , 

I have  seen  with  surprise  that  neither  you  nor  Mr.  Keeper 
of  the  Seals  urged  from  the  tribune  all  the  weighty  reasons 
which  possibly  might  have  prevented  the  abrogation  of  a law 
upon  the  press,  voted  less  than  two  years  ago  upon  the  propos- 
al of  M.  Dufaure  and  the  application  of  which  you  yourself 
very  recently  asked  of  the  tribunals ; and  moreover,  in  several 
meetings  of  the  Council,  and  even  in  that  of  yesterday  it  had 
been  decided  that  the  President  of  the  Council,  as  well  as  the 
Keeper  of  the  Seals,  should  be  charged  with  combating  it. 

Already  there  was  occasion  for  astonishment  that  the 
Chamber  of  Deputies,  in  its  late  sittings,  should  have  discussed 
an  entire  municipal  law,  and  even  adopted  some  provisions, 
of  which  in  the  council  of  ministers  you  yourself  have  thor- 
oughly recognized  the  danger,  such  as  the  publicity  of  the 
municipal  councils,  without  the  Minister  of  the  Interior  having 
taken  part  in  the  discussion. 


THE  16TH  OF  MAY  CRISIS 


641 


This  attitude  of  the  head  of  the  cabinet  raises  the  question 
whether  he  has' kept  in  the  Chamber  the  influence  necessary 
to  make  his  views  prevail. 

An  explanation  in  this  matter  is  indispensable,  for  if  I 
am  not  responsible  as  you  are  to  the  Parliament,  I have 
a responsibility  to  France,  with  which,  to-day  more  than  ever, 
I must  be  preoccupied. 

Accept,  Mr.  President  of  the  Council,  assurance  of  my 
highest  consideration. 

The  President  of  the  Republic, 

Marshal  de  MacMahon. 

B.  Letter  of  Simon  to  MacMahon,  May  16,  1877.  Trans- 
lation, The  Times  (London),  May  17,  1877. 

In  view  of  the  letter  you  have  thought  fit  to  write  to  me, 
I feel  myself  bound  to  hand  you  my  resignation  of  the  func- 
tions you  were  good  enough  to  confide  to  me.  I am  obliged, 
however,  at  the  same  time  to  tender  explanations  on  two 
points.  You  regret,  M.  le  Marechal,  that  I was  not  present 
on  Saturday  in  the  Chamber,  when  the  first  reading  of  the 
Bill  on  Municipal  Councils  was  discussed.  I regretted  it 
also ; I was  detained  at  Paris  by  indisposition ; but  the  ques- 
tion of  the  publicity  of  the  sittings  was  only  to  have  been 
discussed  on  the  second  reading.  I had  come  to  an  agreement 
on  this  point  with  M.  Bardouy.  M.  Perras’s  amendment,  which 
passed,  took  the  Assembly  unawares,  and  I had  an  appoint- 
ment with  the  Committee  on  Friday  morning  to  try  and  make 
it  reverse  its  decision  before  entering  on  the  debate  in  the 
Chamber.  All  this  is  known  to  everybody.  As  to  the  Bill 
on  the  Press,  M.  le  Marechal,  you  will  be  good  enough  to 
remember  that  my  objections  related  solely  to  the  case  of 
foreign  Sovereigns.  I had  always  explained  myself  in  this 
sense,  as  you  yourself  must  remember  at  yesterday  morning’s 
Council.  I repeated  my  reservations  before  the  Chamber. 
I abstained  from  elaborating  them  for  reasons  which  every- 
body knew  and  approved.  As  to  the  rest  of  the  Bill,  I was  in 
agreement  with  the  Committee.  You  will  understand,  M. 
le  President,  the  motive  which  leads  me  to  enter  into  these 
details.  I have  to  define  my  position  in  a distinct  manner 
at  the  moment  of  my  quitting  the  Council.  I scarcely  ven- 


21 


642 


THE  16TH  OF  MAY  CRISIS 


ture  to  add — though  as  a citizen,  and  no  longer  as  a Minister 
— that  I earnestly  desire  to  be  succeeded  by  a man  belonging, 
like  myself,  to  the  Conservative  Republican  Party.  For  five 
months  it  has  been  my  function  to  give  my  advice,  and  the 
last  time  I have  the  honour  of  writing  to  you  I allow  myself 
to  express  a wish  which  is  solely  inspired  by  my  patriotism. 
Pray  accept,  M.  le  Marechal,  the  homage  of  my  respect. 

C.  Order  of  the  Day.  May  17,  1877.  Journal  OKciel,  May 
18,  1877  (Vol.  1877,  3744)- 

The  Chamber, 

Considering  that  it  is  important  in  the  present  crisis  and 
in  order  to  fulfill  the  commission  which  it  has  received  from 
the  country,  to  recall  that  the  preponderance  of  the  parlia- 
mentary power,  exercised  through  ministerial  responsibility, 
is  the  first  condition  of  the  government  of  the  country  by  the 
country,  the  establishment  of  which  the  constitutional  laws 
have  had  for  their  purpose ; 

Declares  that  the  confidence  of  the  majority  can  be  acquired 
only  by  a cabinet  free  in  its  action  and  resolved  to  govern  ac- 
cording to'  republican  principles,  which  alone  can  guarantee 
order  and  prosperity  within  and  peace  without, 

And  passes  to  the  order  of  the  day. 

D.  Manifesto  of  the  Left.  About  May  20,  1877.  Trans- 
lation, The  Times  (London),  May  21,  1877. 

Dear  Fellow-Citizens,— A Decree  which  has  just  struck 
a blow  at  your  representatives  is  the  first  act  of  the  new 
Ministry  de  Combat,  which  aspires  to  hold  in  check  the  will 
of  France.  The  Message  of  the  President  of  the  Republic 
leaves  no  doubt  as  to  the  intentions  of  his  counsellors.  The 
Chamber  is  adjourned  for  a month,  till  the  Decree  to  dissolve 
it  is  obtained  from  the  Senate.  A Cabinet  which  had  never 
lost  the  majority  in  any  vote  has  been  dismissed  without 
discussion.  The  new  Ministers  knew  that  if  they  had  allowed 
Parliament  to  speak,  the  day  that  witnessed  their  advent 
would  have  also  witnessed  their  fall.  As  it  is  impossible  for 
us  to  publicly  express  our  reprobation  from  the  tribune,  our 
first  thought  is  to  turn  towards  you,  and  tell  you,  like  the  Re- 
publicans of  the  National  Assembly  of  the  24th  of  May  1873, 
that  the  efforts  of  the  men  who  have  returned  to  power  will 
be  once  more  powerless.  France  wishes  the  Republic.  She 


THE  16TII  OF  MAY  CEISIS 


643 


said  so  on  the  20th  of  February,  1876.  She  will  say  so  again 
every  time  she  is  consulted,  and  it  is  because  universal  suf- 
frage has  to  renew  this  year  the  Departmental  and  Communal 
Councils  that  it  is  attempted  to  stop  the  expression  of  the 
national  will,  and  that  the  first  .step  taken  is  to  shut  your 
representatives’  mouths ; as  after  the  24th  of  May  the  nation 
will  show,  by  its  coolness,  patience,  and  resolution,  that  an 
incorrigible  minority  cannot  wrest  from  it  its  own  government. 
However  painful  this  unexpected  trial  may  be  which  is  dis- 
turbing the  interests,  and  which  might  compromise  the  success 
of  the  grand  efforts  of  our  industry  for  the  great  and  pacific 
Universal  Exhibition  of  1878,  whatever  be  the  national 
anxiety  amid  the  complications  of  European  politics,  France 
will  let  herself  neither  be  deceived  nor  intimidated.  She 
will  resist  every  provocation.  The  Republican  function- 
aries will  remain  at  their  posts  and  await  the  decree 
which  separates  them  from  constituencies  whose  confidence 
they  have.  Those  of  our  countrymen  who  have  been  called 
into  the  Elective  Councils  of  the  nation  will  redouble  their 
zeal  and  activity,  their  devotion  and  patriotism,  to  maintain 
the  rights  and  liberties  of  the  country.  We  shall  enter  into 
direct  communication  with  you.  We  call  upon  you  to  pro- 
nounce between  the  policy  of  reaction  and  ventures,  which 
overturns  all  that  six  years  have  so  painfully  gained — the  wise 
and  firm,  pacific  and  progressive  policy  which  you  have  already 
consecrated.  The  trial  will  not  be  long.  In  five  months  at  most 
France  will  speak;  the  Republic  will  issue,  stronger  than  ever, 
from  the  popular  urns ; the  Parties  of  the  past  will  be  finally 
vanquished;  and  France  will  be  able  to  face  the  future  with 
calmness  and  confidence. 

E.  MacMahon’s  Manifesto  to  the  French  People.  Septem- 
ber 19,  1877.  Journal  Official,  September  20,  1877  (Vol.  1877, 
6381). 

MARSHAL  DE  MACMAIION,  PRESIDENT  OF  THE  REPUBLIC,  TO  THE 
FRENCH  PEOPLE. 

Frenchmen ! 

You  are  about  to  be  called  upon  to  select  your  representa- 
tives in  the  Chamber  of  Deputies. 

I do  not  design  to  exert  any  pressure  upon  your  choice, 
but  I am  bound  tc  dissipate  all  ambiguity. 


644 


THE  16TH  OF  MAY  CRISIS 


It  is  necessary  that  you  should  know  what  I have  done, 
what  I intend  to  do,  and  what  will  be  the  consequences  of 
that  which  you  are  about  to  do  yourselves. 

This  is  what  I have  done : 

For  four  years  I have  maintained  peace,  and  the  personal 
confidence  with  which  foreign  sovereigns  honor  me  has  enabled 
me  to  render  more  cordial  each  day  our  relations  with  all 
the  powers. 

At  home  order  has  not  been  disturbed  for  one  moment. 

Thanks  to  a policy  of  conciliation  which  summoned  around 
me  all  the  men  devoted  before  anything  else  to  the  country, 
the  public  prosperity,  for  a moment  arrested  by  our  misfor- 
tunes, has  icsumed  its  advance.  The  general  wealth  has  in- 
creased despite  our  heavy  expenses.  The  national  credit  has 
been  strengthened. 

France,  peaceable  and  confident,  at  the  same  time  has  seen 
her  army,  always  worthy  of  her,  reconstituted  upon  a new  basis. 

But  these  great  results  were  in  danger  of  being  compro- 
mised. 

The  Chamber  of  Deputies,  escaping  more  each  day  from  the 
leadership  of  moderate  men,  and  more  and  more  dominated 
by  the  avowed  leaders  of  radicalism,  had  come  to  disregard  the 
portion  of  authority  which  belongs  to  me  and  which  I could 
not  allow  to  be  diminished  without  involving  the  honor  of 
my  name  before  you  and  before  history.  Contesting  at  the 
same  time  the  legitimate  influence  of  the  Senate,  it  aimed  at 
nothing  less  than  to  substitute  for  the  necessary  equilibrium 
of  the  powers  established  by  the  Constitution  the  despotism  of 
a new  Convention. 

Hesitation  was  not  permissible. 

Making  use  .of  my  constitutional  right,  upon  the  advice  of 
the  Senate,  I dissolved  the  Chamber  of  Deputies. 

Now  it  is  for  you  to  speak. 

It  is  said  that  I wish  to  overthrow  the  Republic. 

You  will  not  believe  it. 

The  Constitution  is  entrusted  to  my  keeping.  I shall 
cause  it  to  be  respected. 

What  I expect  of  you  is  the  election  of  a Chamber  which, 
raising  itself  above  the  competition  of  parties,  will  before  all 
else  devote  itself  to  the  affairs  of  the  country. 

At  the  last  elections  my  name  was  abused.  Among  those 


THE  16TH  OF  MAY  CRISIS 


645 


who  then  said  that  they  were  my  friends  many  have  not 
ceased  opposing  me.  They  will  speak  to-day  of  devotion  +o 
my  person,  and  allege  that  they  attack  only  my  ministers. 

Yon  will  not  be  the  dupes  of  that  artifice.  In  order  to 
defeat  it,  my  Government  will  designate  to  you  from  among 
the  candidates  those  who  alone  will  be  authorised  to  use  my 
name. 

You  will  weigh  maturely  the  significance  of  your  votes. 

Elections  favorable  to  my  policy  will  facilitate  the  regular 
progress  of  the  present  government.  They  will  strengthen  the 
principle  of  authority  which  has  been  sapped  by  demagogy; 
they  will  assure  order  and  peace. 

Hostile  elections  would  aggravate  the  conflict  between 
the  public  powers,  fetter  the  progress  of  affairs,  keep  up  the 
agitation,  and  France,  in  the  midst  of  new  complications,  would 
become  an  object  of  distrust  to  Europe. 

As  for  me,  my  duty  would  increase  with  the  peril.  I could 
not  obey  the  summons  of  demagogy.  I could  not  become  the 
instrument  of  radicalism  nor  abandon  the  post  at  which  the 
Constitution  has  placed  me. 

I shall  remain  to  defend,  with  the  support  of  the  Senate, 
the  conservative  interests  and  to  energetically  protect  the  faith- 
ful functionaries  who  in  a difficult  moment  have  not  allowed 
themselves  to  be  intimidated  by  vain  threats. 

Frenchmen  ! 

I await,  with  entire  confidence,  the  expression  of  your 
sentiments. 

After  so  many  trials,  France  desires  stability,  order  and 
peace. 

With  the  aid  of  God,  we  shall  secure  for  her  these  blessings. 
You  will  hear  the  words  of  a soldier  who  does  not  serve  any 
party,  any  revolutionary  or  retrograde  passion,  and  who  is 
guided  only  by  love  of  the  fatherland. 

F.  Gambetta’s  Circular.  October  7,  1877.  Translation, 
The  Times  (London),  October  8,  1877. 

Citizens, — After  four  long  months  of  suppression  of  Par- 
liamentary life  entirely  taken  up  with  the  excesses  of  admin- 
istrative pressure,  and  the  most  deplorable  proceedings  or 
official  candidateship,  after  four  months,  during  which  the 
French  people,  by  its  admirable  patience  and  the  daily  proofs 


646 


THE  16TH  OF  HAY  CRISIS 


of  it's  sagacity  and  political  maturity,  has  attracted  to  our 
young  Republic  the  admiration  and  expressed  sympathies  of 
civilized  Governments  and  peoples,  France  at  last  speaks.  She 
will  say  in  a few  days  what  she  thinks  of  the  men  of  May 
r6,  the  allies  and  protectors  of  the  men  of  the  2d  of  December, 
of  the  servants  of  Henry  V,  and  the  agents  of  the  Syllabus 
and  the  Pope,  all  sheltered  under  the  electoral  patronage  of  the 
President  of  the  Republic,  doubtless  for  the  better  protection 
of  Republican  institutions. 

She  will  say  what  she  thinks  of  the  personal  policy  of  the 
Chief  of  the  State,  of  the  aristocratic  and  retrogressive  pre- 
tensions of  the  Cabinet  presided  over  by  the  Due  de  Broglie. 

She  will  say  what  she  thinks  of  the  unjustifiable  dissolution 
of  the  Republican  and  Liberal  majority  which  she  had  en- 
trusted with  the  execution  of  her  wishes  on  the  20th  of  Feb- 
ruary, 1876,  by  nearly  five  million  votes. 

She  will  say  what  she  thinks  of  the  fighting  Government, 
of  the  Government  of  vexations  directed  against  venders  and 
hawkers  of  journals,  schoolmasters,  office  holders,  innkeepers, 
the  most  insignificant  employes — in  short,  the  Government  of 
that  miserable  war  waged  against  the  small ; she  will  say  what 
she  thinks  of  the  pretensions  on  the  part  of  the  Government  to 
impose  on  her  for  another  three  years  functionaries  of  all 
kinds,  in  flagrant  hostility  to  ail  the  men  elected  by  the  country ; 
she  will  say  what  she  thinks  of  the  projects  and  plots  of  this 
coalition  of  Monarchists,  who  prepare  for  her,  at  the  close 
of  three  years  of  intestine  conflicts  and  divisions,  in  1880  a 
terrible  crisis,  perhaps  a revolution ; she  will  say  what  she 
thinks  of  that  unclean  press  which  can,  without  incurring  pun- 
ishment, appeal  to  brute  force  against  the  men  elected  by  uni- 
versal suffrage,  and  can  insult  our  valiant  and  noble  army, 
now  the  elite  of  the  nation  and  the  highest  hope  of  the  country. 

She  will  say  what  she  thinks  of  the  policy  inaugurated  by 
the  letter  of  May  16,  which  dismissed  the  Republican  Ministry, 
of  the  Order  of  the  Day  to  the  troops  at  the  review  of  July 
2,  of  the  Presidential  Message  of  September  19,  of  all  that 
system  of  government  which  the  Chief  of  the  Executive  Powers 
vindicates  as  a right  prior  to  the  Constitution. 

France  will  say,  also,  that  she,  favouring  equity  and  democ- 
racy, wishes  for  the  Republic,  as  the  Government  necessary 


T1IE  16TH  OF  MAY  CRISIS 


6-47 


for  her  restoration  and  her  greatness.  She  will  say  that  she 
intends  to  make  an  end  of  anarchy  and  dictatorships,  to  carry 
out  by  peaceful  measures  the  French  Revolution,  by  develop- 
ing by  national  education  the  intelligence  of  her  children,  by 
securing  by  peace  at  home  and  abroad  general  prosperity  and 
happiness,  by  founding  on  liberty  and  justice  not  “Moral 
Order,”  but  “Republican  Order.”  She  will  say  that  she  intends 
that  the  State  as  well  as  the  community,  the  nation  as  well  as 
the  individual,  shall  be  definitively  withdrawn  from  clerical 
rule ; that  the  priest  shall  be  respected  and  kept  within  the 
temple,  the  schoolmaster  within  the  school,  the  magistrate 
within  the  court,  and  that  the  public  force  shall  never  be 
employed  except  in  the  service  of  the  law. 

My  profound  conviction,  based  on  sure  premises,  allows 
me  to  declare  without  rashness  a week  before  the  voting  that 
France  in  spite  of  all  the  maneuvres  directed  against  the  free- 
dom of  her  votes,  will  repudiate  the  administrative  pressure, 
will  scorn  the  official  candidateship  and  its  agents,  and  will 
thrust  far  from  her  Royalists,  Caesarists,  Clericals,  the  knaves 
as  well  as  the  violent : she  will  condemn  dictatorial  policy,  she 
will  leave  the  Chief  of  the  Executive  Power,  transformed  into 
a plebiscitary  candidate,  no  other  alternative  but  to  submit  or 
resign. 

As  for  ourselves,  sure  of  the  support  of  the  country  thus 
solemnly  declared,  we  shall  know  how  to  cause  its  will  to  pre- 
vail over  the  opposition  of  a powerless  and  incorrigible  min- 
ority. Without  passion,  without  weakness,  without  vehemence, 
we  will  do  our  duty.  The  union  of  all.  good  Frenchmen,  Lib- 
erals, Republicans,  by  conviction  or  by  birth,  labourers,  peas- 
ants, burgesses,  the  world  of  work  and  of  thrift,  will  keep  us 
discreet,  and  will  render  us  invincible  for  the  country  and  the 
Republic. 

G.  MacMahon’s  Second  Manifesto.  October  11,  1877. 
Journal  Officiel,  October  12,  1877  (Vol.  1877.  6757). 

MARSHAL  DE  MACMAHON,  PRESIDENT  OF  THE  REPUBLIC,  TO  THE 
FRENCH  PEOPLE. 

Frenchmen, 

You  are  about  to  vote. 

The  violence  of  the  opposition  has  dispelled  all  illusions. 
No  calumny  can  any  longer  impair  the  truth. 


648 


SOCIALIST  GENERAL  PROGRAM 


No,  the  republican  Constitution  is  not  in  danger. 

No,  the  Government,  although  it  is  respectful  towards  re- 
ligion, does  not  obey  so-called  clerical  influences,  and  nothing 
could  inveigle  it  into  a policy  compromising  to  peace. 

No,  you  are  not  threatened  with  any  return  to  the  abuses  of 
the  past. 

The  struggle  is  between  order  and  disorder. 

You  have  already  pronounced. 

You  do  not  wish,  by  hostile  elections,  to  throw  the  country 
into  an  unknown  future  of  crises  and  conflicts. 

You  desire  tranquility  within  as  well  as  abroad,  the  accord 
of  the  public  powers  and  security  for  industry  and  business. 

You  will  vote  for  the  candidates  whom  I recommend  to  your 
free  suffrage. 

Frenchmen, 

The  hour  has  come. 

Go  to  the  polls  without  fear. 

Comply  with  my  appeal,  and  I,  placed  by  the  Constitution 
at  a post  which  my  duty  forbids  me  to  abandon,  I will  answer 
for  order  and  peace. 

IT.  MacMahon’s  Message.  December  14,  1877.  Journal 
OfUciel,  December  15,  1877  (Vol.  1877,  8381). 

Versailles,  December  14,  1S77. 

Messrs  Senators, 

Messrs  Deputies, 

The  elections  of  October  14th  have  once  more  affirmed 
the  confidence  of  the  country  in  republican  institutions. 

In  order  to  obey  parliamentary  rules,  I have  formed  a cab- 
inet chosen  from  within  the  two  Chambers  and  composed  of 
men  resolved  to  defend  and  maintain  these  institutions  by 
the  sincere  application  of  the  constitutional  laws. 

The  interest  of  the  country  requires  that  the  crisis  through 
which  we  are  passing  should  be  abated ; it  requires  with  no  less 
force  that  it  should  not  be  renewed. 

The  exercise  of  the  right  of  dissolution  is  in  fact  only  a 
last  method  of  consulting  with  a judge  from  whom  there  is  no 
appeal  and  could  not  be  erected  into  a system  of  government. 
I believed  that  I ought  to  make  use  of  that  right,  and  I con- 
form to  the  response  of  the  country. 

The  Constitution  of  1875  has  founded  a parliamentary  Re- 


THE  16TH  OF  MAY  CRISIS 


649 


public  by  establishing  my  irresponsibility,  while  it  has  in- 
stituted collective  and  personal  responsibility  for  the  ministers. 

Thus  my  respective  duties  and  rights  are  defined.  The 
independence  of  the  ministers  is  the  condition  of  their  re- 
sponsibility. 

These  principles,  drawn  from  the  Constitution,  are  those 
of  my  Government. 

The  end  of  this  crisis  will  be  the  point  of  departure  for  a 
new  era  of  prosperity. 

All  the  public  authorities  will  assent  in  promoting  its  de- 
velopment. The  accord  established  between  the  Senate  and 
the  Chamber  of  Deputies,  certain  henceforth  to  regularly  reach 
the  term  of  its  commission,  will  make  possible  the  achieve- 
ment of  the  great  legislative  labors  which  the  public  interest 
demands. 

The  Universal  Exposition  is  about  to  open ; commerce  and 
industry  are  about  to  experience  a new  advance,  and  we  shall 
offer  to  the  world  a new  testimony  of  the  vitality  of  our  coun- 
try, which  has  always  revived  through  industry,  thrift  and  its 
deep  attachment  to  the  ideas  of  conservatism,  order  and  lib- 
erty. 


135.  General  Program  of  the  Socialist  Regional  Congress 
of  the  Centre. 

July  18-23,  1SS0.  Journal  des  Economistes,  Fourth  Series,  XI, 
407-109. 

This  document  is  given  in  order  to  show  the  ideas  and  de- 
mands of  the  French  socialists  who  at  present  cast  nearly  two 
million  votes.  From  the  overthrow  of  the  Paris  Commune  until 
October,  1879,  there  was  no  organized  socialist  party  in  France. 
The  Marseilles  Congress  then  started  the  present  socialist  move- 
ment. It  drew  up  resolutions  and  reports,  but  no  general  program. 
The  Paris  regional  congress  of  the  next  year  formulated  the  doc- 
ument here  given,  which  with  very  slight  alterations  has  been 
sanctioned  by  successive  national  congresses  and  still  remains  rhe 
program  of  the  party.  It  was  mainly  the  work  of  Karl  Marx  and 
Jules  Guesde.  All  of  the  organized  French  socialists  accept  this 
program  as  a declaration  of  principles  ; the  groups  differ  upon  the 
tactics  which  should  be  employed  in  conducting  the  propaganda. 

References.  Peixotto,  French  Revolution  and  Modern  French 
Socialism,  278-286;  Lavisse  and  Rambaud,  Histoire  Generate,  XII, 
43-44. 


The  Regional  Congress  of  the  Centre  considering  that,  if 


650 


SOCIALIST  GENERAL  PROGRAM 


Revolution  is  the  sole  means  for  the  emancipation  of  the 
working  class,  that  Revolution  is  possible  only  with  and  by 
an  organized  working  class ; 

Considering  that  the  first  act  of  that  organization  is  neces- 
sarily the  separation  of  the  working  class  from  the  bourgeois 
political  parties,  and  that  this  separation  must  be  effected  upon 
political  grounds  with  the  aid  of  that  same  ballot  which  has 
created  the  confusion  of  the  classes  politically ; 

Considering,  finally,  that  the  worst  enemies  of  the  Revolu- 
tion are  those  who,  while  talking  at  random,  refuse  to  employ 
any  of  the  means  which  will  render  it  possible; 

Declares  that  it  accepts  the  electoral  program  published 
by  the  newspapers  la  Revue  Socialiste,  le  Proletaire,  I’Egalite 
and  la  Federation , with  the  following  slight  modifications  (in- 
dicated in  italics)  : 

Considering  that  the  emancipation  of  the  productive  class 
is  that  of  all  human  beings  without  distinction  of  sex  or  of 
race ; 

That  the  producers  cannot  be  free  except  in  so  far  as  they 
shall  be  in  possession  of  the  means  of  production; 

That  there  are  only  two  forms  under  which  the  means  of 
production  can  belong  to  them : 

ist.  The  individual  form,  which  has  never  existed  as  an 
actual  general  condition  and  which  is  being  eliminated  more 
and  more  by  industrial  progress ; 

2d.  The  collectivist  form,  the  material  and  intellectual 
elements  of  which  are  created  by  the  very  development  of 
capitalistic  society; 

Considering  that  this  collective  appropriation  can  proceed 
only  from  the  revolutionary  action  of  the  productive  class — 
or  proletariate — organized  as  a distinct  political  party; 

That  such  an  organization  must  be  sought  by  all  the  means 
at  the  disposal  of  the  proletariate,  including  therein  universal 
suffrage,  transformed  thereby  from  an  instrument  of  decep- 
tion, which  it  has  been  until  now,  into  an  instrument  of  em- 
ancipation ; 

The  French  socialistic  workingmen,  in  giving  as  the  aim 
of  their  efforts  in  the  economic  domain  the  return  to  the  col- 
lective form  of  all  the  means  of  production,  have  decided  as 
a method  of  organization  and  of  strife  to  enter  into  the  elec- 
tions with  the  following  minimum  program : 


SOCIALIST  GENERAL  PROGRAM 


651 


A.  Political  Program. 

1st.  Abolition  of  all  laws  upon  the  press,  meetings  and 
associations,  and  especially  of  the  law  against  the  International 
Association  of  Laboringmen. — Suppression  of  the  pass-book, 
that  wise  en  carte  of  the  working  class,  and  of  the  articles  of 
the  Code  establishing  the  inferiority  of  the  workingman  as 
against  the  employer ; 

2d.  Suppression  of  the  religious  budget  and  return  to  the 
nation  “of  the  properties  called  mortmain,  both  movable  and 
immovable,  belonging  to  the  religious  corporations”  (decree  of 
the  Commune  of  April  2,  1871),  including  therein  all  the  in- 
dustrial and  commercial  annexes  of  these  corporations ; 

3d.  General  arming  of  the  people ; 

4th.  The  commune  to  be  the  mistress  of  its  own  admin- 
istration and  police. 

B.  Economic  Program. 

1st.  Cessation  o-f  labor  for  one  day  per  week  or  legal  pro- 
hibition for  employers  operating  more  than  six  days  out  of 
seven. — Reduction  of  the  working  day  to  eight  hours  for 
adults. — Prohibition  of  the  working  of  children  under  14  years 
in  private  factories ; and,  from  14  to  18  years,  reduction  of  the 
working  day  to  six  hours ; 

2d.  Legal  minimum  of  wages,  determined  each  year  ac- 
cording to  the  local  price  of  the  commodities ; 

3d.  Equality  of  wages  for  the  workers  of  the  two  sexes ; 

4th.  Scientific  and  professional  instruction  for  all  the 
children  placed  for  their  support  under  the  charge  of  society, 
represented  by  the  State  and  the  communes; 

5th.  Placing  under  the  charge  of  society  the  aged  and  in- 
firm workingmen; 

6th.  Suppression  of  all  interference  of  employers  in  the 
administration  of  workingmen’s  funds  for  mutual  relief,  of 
provision,  etc.,  restored  to  the  exclusive  management  of  the 
workingmen ; 

7th.  Responsibility  of  employers  in  the  matter  of  acci- 
dents guaranteed  by  a money  deposit  paid  in  by  the  employer 
and  .proportioned  to  the  number  of  workingmen  employed  and 
the  dangers  which  the  industry  presents ; 

8th.  Participation  in  the  (formation  of]  the  special  rules 
of  the  different  factories ; suppression  of  the  right  usurped  by 


652 


PAPACY  AND  THIRD  REPUBLIC 


employers  to  impose  any  penalty  whatever  upon  their  working- 
men under  the  form  of  fines  or  of  retentions  out  of  their  wages 
(decree  of  the  Commune  of  April  27,  1871)  ; 

9th.  Revision  of  all  contracts  which  have  alienated  public 
property  (banks,  railroads,  mines,  etc.),  and  the  control  of  all 
the  factories  of  the  State  entrusted  to  the  workingmen  who 
labor  in  them ; 

10th.  Abolition  of  all  indirect  taxes  and  transformation  of 
all  the  direct  taxes  into  a progressive  tax  upon  incomes  in 
excess  of  3,000  francs. — Suppression  of  inheritance  in  the  col- 
lateral line  and  of  all  inheritance  in  the  direct  line  exceed- 
ing 2,000  francs. 


136.  Documents  upon  the  Papacy  and  the  Third  Republic. 

The  attitude  of  the  Catholic  clergy  of  Prance  towards  the 
Third  Republic  has  gone  through  three  distinct  phases.  (1) 
From  the  overthrow  of  the  Second  Empire  until  the  definitive  es- 
tablishment of  the  Republic  the  great  majority  were  monarchists. 
(2)  Prom  then  until  the  appearance  of  these  documents  many  of 
them  continued  to  oppose  the  Republic,  although  some  became  its 
supporters,  while  a large  number  assumed  a neutral  position.  (3» 
Since  the  publication  of  these  documents  the  majority  have  com- 
plied with  the  suggestion  of  the  Pope  and  accepted  the  Republic. 

References.  Coubertin,  Evolution  of  France  under  the  Third 
Republic,  Ch.  x ; McCarthy,  Leo  XIII,  Ch.  xv ; Lavisse  and  Ram- 
baud,  TIistoire  Generale,  XII,  42-43. 

A.  Papal  Encyclical.  February  16,  1892.  Translation, 
The  Times  (London),  February  20,  1892. 

There  have  been  many  Governments  in  France  during  this 
century,  and  each  has  had  its  distinctive  form — Imperial, 
Monarchical  and  Republican.  Each  of  these  is  good  so  long 
only  as  it  makes  for  the  common  well  being,  and  one  form  may- 
be good  at  one  time  and  another  at  another.  Catholics,  like  all 
citizens,  have  a perfect  right  to  prefer  one  form  to  another, 
as  none  of  these  forms  in  itself  is  opposed  to  Christian  teach- 
ing. The  Church  has  always  in  its  dealing  with  States  fully 
recognized  this  principle.  It  was  necessary  to  recall  this  fact 
in  the  development  of  the  present  theme.  But  if  one  comes 
down  to  the  practical  consideration  of  instances,  one  notes  that 
each  State  is  a special  individual  result,  growing  out  of  and 
modified  by  its  peculiar  surroundings,  and  thus  obligatory  upon 


PAPACi'  AND  THIRD  REPUBLIC 


653 


the  members  which  compose  it,  who  should  do  nothing  to  seek 
to  overturn  it  or  change  its  form. 

The  Church,  therefore,  guardian  of  the  truest  and  loftiest 
conception  of  political  sovereignty,  since  it  derives  from  God, 
has  always  reproved  subversive  doctrines  and  condemned  the 
rebels  to  legitimate  authority,  and  this,  indeed,  even  when 
those  in  authority  used  their  power  against  the  Church,  and 
thus  deprived  themselves  of  the  most  powerful  support  pos- 
sible and  the  most  effective  means  of  securing  obedience  to 
the  law.  The  advice  of  the  Prince  of  Apostles  in  these  mat- 
ters cannot  be  too  widely  meditated,  nor  that  of  St.  Paul.  Yet 
it  must  not  be  forgotten  that  no  governmental  form  is  defini- 
tive. The  Church  alone  has  been  able,  and  will  continue,  to  pre- 
serve its  form  of  government.  Founded  by  Him,  who  was,  who 
is,  and  who  shall  be,  world  without  end,  it  has  received  from 
Him  since  its  origin  everything  which  it  needed  to  pursue  its 
divine  mission  across  the  moving  sea  of  human  things.  Far 
from  there  being  any  need  of  transforming  its  essential  con- 
stitution. it  has  not  even  the  power  of  renouncing  the  priv- 
ileges of  true  liberty  granted  to  it  by  Providence  in  the  gen- 
eral interest  of  souls.  _ But  in  human  history  crisis  follows 
crisis,  revolution  revolution,  and  order  anarchy,  and  in  these 
circumstances  a new  form  of  government  may  be  needful  to 
satisfy  new  wants  and  conditions.  The  principle  of  authority 
never  changes,  but  only  the  method  of  its  expression  or  the 
form  of  its  incarnation.  Hence  authority  is  enduring,  for  in 
its  nature  it  is  imposed  for  the  well-being  of  all,  or,  in  other 
terms,  is  considered,  as  such,  to  be  derived  from  God.  Con- 
sequently, when  a new  Government  is  founded,  acceptance 
thereof  is  not  only  permissible,  but  a duty.  This  great  duty 
of  respect  and  dependence  will  always  continue  in  force,  since 
it  tends  to  secure  the  good  which,  after  God,  is  in  society  the 
Alpha  and  Omega  of  principles. 

These  considerations  explain  the  attitude  of  the  Church 
towards  the  successive  Governments  of  France,  and  such  an 
attitude  is  the  safest  and  surest  for  all  Frenchmen  in  their 
civil  relations  with  the  Republic,  which  is  the  existing  Govern- 
ment of  their  nation,  for  all  their  efforts  ought  to  be  directed 
against  division  and  toward  the  moral  uplifting  of  their  father- 
land.  But  for  some  people  there  is  a difficulty  here.  This 


/ 


654  PAPACY  AND  THIRD  REPUBLIC 

Republic,  they  say,  is  animated  by  sentiments  so  anti-Christian 
that  honorable  men,  and  Catholics  in  particular,  could  not 
conscientiously  accept  it,  and  this  is  a widespread  cause  of 
dissension.  But  all  this  divergence  might  have  been  avoided 
but  for  a regrettable  confusion  of  “constituted  powers”  and 
“legislation.”  Indeed,  under  the  most  unimpeachable  form 
legislation  may  be  detestable,  and  likewise  under  a very  imper- 
fect form  there  may  be  excellent  legislation.  History  bears 
ample  witness,  and  the  Church  has  always  recognized  this 
fact. 

B.  Papal  Brief  to  the  French  Cardinals.  May  5,  1892. 
Translation,  The  Times  (London),  May  7,  1892. 

Great  was  our  consolation  on  receiving  the  letter  by  which, 
in  unanimous  concert  with  the  whole  French  episcopate,  you 
adhered  to  our  encyclical.  . . . This  encyclical  has  already 

done  much  good,  and  will,  we  hope,  do  more,  in  spite  of  the 
attacks  to  which  it  has  been  exposed  on  the  part  of  impas- 
sioned men — attacks  against  which,  moreover,  we  are  glad  to 
say  that  it  has  also  found  valiant  defenders. 

Now,  these  efforts  would  become  essentially  barren 
if  the  conservative  forces  were  lacking  in  unity  and  harmony 
in  the  pursuit  of  the  ultimate  end— namely,  the  preservation 
of  religion ; inasmuch  as  thither  should  tend  every  upright 
man,  every  sincere  friend  of  society.  This  our  encyclical 
amply  demonstrated.  But  the  end  once  defined,  the  need  of 
union  in  order  to  attain  it  once  admitted,  what  will  be  the 
means  of  insuring  this  union?  This,  too,  we  explained,  and 
we  desire  to  restate  it  that  no  one  may  be  in  doubt  as  to  our 
meaning.  One  way  is  to  accept  without  reserve,  with  that 
perfect  loyalty  becoming  in  a Christian,  the  civil  power  in 
the  form  in  which  de  facta  it  exists.  Thus,  was  accepted  in 
France  the  First  Empire  on  the  morrow  of  a frightful  and 
bloody  anarchy.  Thus  were  accepted  the  other  successive 
powers,  whether  monarchic  or  Republican,  down  to  our  own 
time.  And  the  reason  for  this  acceptance  is  that  the  common 
weal  of  society  makes  it  pre-eminent  over  any  other  interest. 
For  it  is  the  creative  principle,  the  conservative  element  of 
human  society,  hence  it  follows  that  every  good  citizen  ought 
to  wish  it  and  procure  it  at  any  price. 


PAPACY  AND  THIRD  REPUBLIC  655 

Now,  from  this  necessity  of  insuring  the  good  of  all 
springs,  as  from  its  own  immediate  origin,  the  necessity  of  a 
civil  power  which,  turned  ever  towards  the  supreme  end, 
thither  guides,  wisely  and  continually,  the  varied  wills  of  the 
subjects  grouped  together  in  its  hand.  When,  therefore,  in  a 
society  a constituted  and  active  power  exists  common  interest 
must  be  allied  to  that  power,  and  for  this  reason  it  should  be 
accepted  as  it  is.  It  is  for  this  reason  and  with  this  intent  that 
we  told  the  French  Catholics,  ‘‘accept  the  Republic,  that  is  to 
say,  the  constituted  power  in  your  midst,  respect  it,  be  sub- 
missive to  it  as  representing  the  power  come  from  God.”  But 
there  have  been  some  men  of  different  political  parties,  and 
even  sincere  Catholics,  who  have  not  accurately  understood 
our  words.  Yet  they  were  so  clear  and  simple  that  they  could 
scarcely,  it  would  seem,  have  given  occasion  for  misinterpre- 
tation. Let  it  be  well  understood  that  although  the  political 
power  is  always  of  God  it  does  not  follow  from  this  that  the 
divine  appointment  affects  always  the  modes  of  transmission 
of  that  power  or  the  contingent  forms  it  assumes,  or  the  per- 
sons who  are  the  subjects  of  it.  The  very  variety  of  these 
modes  in  different  nations  proves  the  human  nature  of  their 
origin.  And,  still  further,  human  institutions,  the  best  estab- 
lished in  right  and  with  as  salutary  views  as  one  could  wish 
in  order  to  give  social  life  a firmer  basis,  do  not  always  pre- 
serve their  vigour  conformably  to  the  short  insight  of  human 
wisdom. 

In  politics  more  than  anywhere  else  unexpected  changes 
arise-  Colossal  monarchies  collapse  or  fall  to  pieces  like  the 
ancient  royalties  of  the  East  and  the  Roman  Empire.  Dy- 
nasties supplant  dynasties  like  those  of  the  Carlovingians  and 
Capetians  in  France.  To  the  political  forms  adopted  succeed 
other  forms,  as  numerous  examples  have  shown  in  our  cen- 
tury. These  changes  are  far  from  being  always  legitimate  at 
starting.  It  is  even  difficult  that  they  should  be.  Yet  the 
supreme  criterion  of  the  commonweal  and  public  tranquility 
impose  the  acceptance  of  these  new  Governments  established 
dc  facto  in  the  place  of  previous  Governments  which  de  facto 
have  ceased  to  exist.  The  ordinary  rules  of  the  transmission 
of  power  are  accordingly  suspended,  and,  indeed,  they  may 
even  be  abolished.  However  it  may  be  with  these  extraordi- 


656 


PAPACY  AND  THIRD  REPUBLIC 


nary  transformations  in  the  life  of  peoples,  whose  laws  it  is  for 
God  to  calculate  and  their  consequences  for  men  to  utilize, 
common  honour  and  conscience  demand  in  every  state  of 
things  a sincere  subordination  to  constituted  Governments. 
It  is  required  by  that  supreme,  unquestionable,  inalienable 
right  called  reason  or  social  welfare.  What,  indeed,  would  be- 
come of  honour  and  conscience  if  it  were  allowable  for  the 
citizen  to  sacrifice  to  his  personal  aims  and  party  connexions 
the  blessings  of  public  tranquility? 

After  having  firmly  laid  down  this  truth  in  our  encyclical, 
we  drew  the  distinction  between  the  political  authority  and  leg- 
islation, and  we  showed  that  the  acceptance  of  one  in  no  way 
implied  acceptance  of  the  other  on  points  where  the  legislator, 
forgetful  of  his  mission,  should  set  himself  in  opposition  to  the 
law  of  God  and  of  the  Church.  And  let  all  bear  in  mind  that 
to  display  activity  and  use  influence  to  induce  Governments  to 
change  for  the  better  iniquitous  laws  void  of  wisdom  is  to  give 
proof  of  a devotion  to  the  country  equally  intelligent  and  cour- 
ageous without  evincing  a shadow  of  hostility  to  the  author- 
ities deputed  to  govern  public  affairs.  Who  would  think  of  de- 
nouncing the  Christians  of  the  first  centuries  as  adversaries  of 
the  Roman  Empire  because  they  did  not  bow  to  its  idolatrous 
prescriptions,  but  endeavored  to  effect  their  abolition?  On 
the  religious  ground  thus  understood  the  various  Conservative 
political  parties  may  and  should  be  agreed.  But  the  men  who 
should  subordinate  everything  to  the  previous  triumph  of  their 
respective  parties,  even  were  b on  the  plea  that  it  was  the  fit- 
test for  religious  defence,  woidd  hence  be  convicted  of  placing, 
by  a pernicious  reversion  of  ideas,  the  politics  which  divide 
before  the  religion  which  unites.  And  it  would  be  their  fault 
if  our  enemies,  profiting  by  their  divisions,  as  they  have  only 
too  much  done,  finally  succeeded  in  crushing  them  all. 

It  has  been  alleged  that,  in  teaching  these  doctrines,  we 
adopt  towards  France  a conduct  other  than  that  which  we  pur- 
sue towards  Italy,  so  that  we  are  inconsistent.  Yet  this  is  not 
so.  Our  aim  in  telling  French  Catholics  to  accept  the  consti- 
tuted Government  was  and  still  is  merely  to  safeguard  the  re- 
ligious interests,  which  in  Italy  impose  on  us  the  duty  of  de- 
manding incessantly  the  full  liberty  required  for  our  sublime 
function  of  visible  Head  of  the  Church,  appointed  for  the 


THE  LAW  OF  ASSOCIATIONS 


657 


government  of  souls — a liberty  which  does  not  exist  where  the 
vicar  of  Jesus  Christ  is  not,  at  home,  a true  sovereign,  inde- 
pendent of  all  human  sovereignty.  What  is  the  conclusion 
from  this  if  it  is  not  that  the  question  which  concerns  us  in 
Italy  is  also  eminently  a religious  one  as  far  as  it  is  connected 
with  the  fundamental  principle  of  the  liberty  of  the  Church. 
Hence  in  our  conduct  towards  various  nations  we  constantly 
make  all  converge  to  the  same  end,  religion,  and  through  re- 
ligion the  deliverance  of  society,  the  welfare  of  peoples.  . . . 


137.  The  Law  of  Associations. 

July  1,  1901.  Duvergier,  Lois.  Cl,  260-285. 

Tlie  history  ol'  the  Third  Republic  has  been  marked  by  frequent 
conflicts  between  the  government  and  the  Catholic  clergy,  especially 
over  educational  matters.  The  religious  orders  particularly  are 
charged  with  inculcating  in  their  pupils  ideas  hostile  to  the  Re- 
public. This  law  was  passed  for  the  purpose  of  reaching  the 
01  dors  most  suspected  of  exerting  such  an  Influence.  As  this  volume 
Is  passing  through  the  press,  a law  forbidding  all  teaching  by  re- 
ligious orders  is  under  consideration.  It  has  already  passed  the 
Chamber  of  Deputies  and  seems  likely  to  pass  the  Senate. 

Rbfekb^'Ce.  Gerard,  The  French  Laic  of  Associations. 


TITLE  III. 

13.  No  religious  congregation  can  be  formed  without  an 
authorisation  given  by  a law  which  shall  determine  the  con- 
ditions of  its  operation. 

It  cannot  found  any  new  establishment  except  in  virtue  of 
a decree  rendered  in  Council  of  State. 

The  dissolution  of  the  congregation  or  the  closing  of  any 
establishment  can  be  pronounced  by  decree  rendered  in  council 
of  the  Ministers. 

14.  No  one  is  allowed  to  manage,  either  directly  or 
through  an  interposed  person,  an  educational  institution  of 
any  kind  whatsoever,  nor  to  give  instruction  therein  if  he  be- 
longs to  a non-authorised  religious  congregation. 

Contravenors  shall  be  punished  with  the  penalties  provided 
by  article  8,  §2.  In  addition,  the  closing  of  the  institution 
can  be  pronounced  by  judgment  of  condemnation. 

15.  Every  religious  congregation  keeps  a statement  of  its- 


658 


THE  LAW  OF  ASSOCIATIONS 


receipts  and  expenses ; it  prepares  annually  the  financial  ac- 
count of  the  past  year  and  an  inventoried  statement  of  its 
real  and  personal  property. 

The  complete  list  of  its  members,  mentioning  their  pa- 
tronymical  names  as  well  as  the  names  under  which  they  are 
designated  in  the  congregation,  their  nationality,  age  and  place 
of  birth,  the  date  of  their  entrance,  must  be  kept  at  the  resi- 
dence of  the  congregation. 

It  is  required  to  produce,  without  alteration,  upon  every 
requisition  of  the  prefect,  by  himself  or  by  his  delegate,  the 
accounts,  statements  and  lists  above  mentioned. 

The  representatives  or  directors  of  a congregation  which 
shall  have  made  false  communications  or  refused  to  comply 
with  the  requisitions  of  the  prefect  in  the  cases  provided  for 
by  the  present  article  shall  be  punished  with  the  penalties  pro- 
vided by  §2  of  article  8. 

16.  Every  congregation  formed  without  authorisation  shall 
be  declared  illicit. 

Those  who  shall  have  taken  part  therein  shall  be  punished 
with  the  penalties  decreed  by  article  8,  §2. 

The  penalty  applicable  to  the  founders  or  administrators 
shall  be  doubled. 

18.  The  congregations  existing  at  the  moment  of  the  pro- 
mulgation of  the  present  law,  which  may  not  have  been  au- 
thorised or  recognized,  within  the  space  of  three  months,  must 
prove  that  they  have  made  the  necessary  efforts  in  order  to 
conform  to  its  requirements. 

In  default  of  this  proof,  they  shall  with  perfect  right  be 
reputed  dissolved.  It  shall  be  the  same  with  the  congregations 
to  which  the  authorisation  shall  have  been  refused. 

Liquidation  of  the  property  retained  by  them  shall  take 
place  in  the  courts.  The  tribunal,  at  the  request  of  the  public 
minister,  shall  appoint,  in  order  to  proceed  thereto,  a liquida- 
tor wdio  shall  have  during  the  entire  continuance  of  the  liqui- 
dation all  the  powers  of  a sequestration  administrator. 

The  judgment  ordering  the  liquidation  shall  be  made  public 
in  the  form  prescribed  for  legal,  announcements. 

The  property  and  values  belonging  to  members  of  the  con- 
gregation, prior  to  their  entrance  into  the  congregation,  or 


THE  LAW  OF  ASSOCIATIONS 


659 


which  may  have  fallen  to  them  since,  either  by  succession 
ab  intestat  in  the  direct  or  collateral  line,  or  by  donation  or 
legacy  in  the  direct  line,  shall  be  restored  to  them. 

The  gifts  and  legacies  which  may  have  come  to  them  other- 
wise than  in  the  direct  line  can  likewise  be  reclaimed,  but  sub- 
ject to  the  furnishing  of  proof  by  the  beneficiaries  that  they 
.have  not  been  the  interposed  persons  provided  for  by  article  17. 

The  property  and  values  acquired  by  gratuitous  title  and 
which  may  not  have  been  specifically  made  over  by  instru- 
ment of  gift  to  a work  of  charity  can  be  reclaimed  by  the 
donor,  his  heirs  or  interested  parties,  or  by  the  heirs  or  inter- 
ested parties  of  the  testator,  without  it  being  possible  to  oppose 
to  them  any  prescription  for  the  time  elapsed  before  the  judg- 
ment pronouncing  the  liquidation. 

If  the  property  or  values  have  been  given  or  bequeathed 
with  a view  not  to  favoring  the  congregationists,  but  to  pro- 
vide for  a work  of  charity,  they  can  be  reclaimed  on  condition 
of  providing  for  the  accomplishment  of  the  aim  assigned  for 
the  gift. 

Every  action  in  recaption  or  reclamation,  on  penalty  ©f  fore- 
closure, must  be  brought  against  the  liquidator  within  the 
space  of  six  months,  dating  from  the  publication  of  the  judg- 
ment. 

After  both  parties  have  been  heard,  judgments  rendered  for 
the  liquidator  and  which  have  acquired  the  authority  of  res 
adjudica  are  opposable  to  all  interests. 

After  the  space  of  six  months,  the  liquidator  shall  proceed 
to  the  sale  by  judicial  process  of  all  immovables  which  may 
not  have  been  reclaimed  or  which  may  not  be  appropriated  to 
a work  of  charity. 

The  product  of  the  sale,  as  well  as  all  the  movable  values., 
shall  be  deposited  with  the  deposit  and  consignment  fund. 

The  maintenance  of  the  poor  in  hospitals,  until  the  com- 
pletion of  the  liquidation,  shall  be  considered  as  privileged 
expenses  of  liquidation- 

If  there  is  no  contest  or  when  all  the  actions  brought  with- 
in the  prescribed  period  shall  have  been  adjudicated,  the  net 
assets  are  divided  among  the  interested  parties. 

The  rule  of  public  administration  laid  down  by  article  20 
of  the  present  law  shall  determine,  out  of  the  assets  remaining 


66o 


THE  LAW  OF  ASSOCIATIONS 


free  after  the  previous  deduction  above  provided  for,  the  allow- 
ance, in  capital  or  under  form  of  life  annuity,  which  shall  be 
assigned  to  the  members  of  the  dissolved  congregation  who 
may  not  have  assured  means  of  existence  or  who  may  prove 
that  they  have  contributed  to  the  acquisition  of  the  values 
put  in  distribution  by  their  personal  labor. 

20.  A rule  of  public  administration  shall  determine  the 
proper  measures  to  assure  the  execution  of  the  present  law. 


THE  END. 


INDEX 


Abdications,  first  of  Napoleon, 
90,  446;  of  Charles  X,  134G, 
504;  of  Francis  II,  78D,  403; 
second  of  Napoleon,  90F,  449. 

Act,  additional,  the,  98,  471:  of 
the  Senate,  90B,  444;  organic, 
upon  education,  38C,  169;  or- 
ganic, upon  religion,  291.  140. 

Address  to  the  throne,  117A. 
574. 

Address,  Bordeaux,  the  114C, 
557 ; of  the  Commune  of 
Marseilles,  22A.  110;  of  the 
Corps-LegSslataf  to  Napole- 
on, 88,  437;  of  the  Fed- 

ergs  at  Paris,  223,  313; 

of  the  Jacobin  club,  26.  126; 
of  the  municipality  of 
Veaennes,  114B,  556;  of  the 
Paris  Sections,  22C,  114 ; of 
the  Throne,  Imperial  decree 
upon,  117A,  574.  (See  also 
Message,  Speech.) 

Administrative  system,  law, 
60,  283. 

Alliance.  See  Allies,  Treaties. 

Allies,  declaration  against  Na- 
poleon, 97,  469;  declaration  of 
Frankfort,  87,  436;  procla- 
mation of,  90A,  443;  treaty 
of,  against  France,  100,  482. 

Amendments,  of  1884.  the, 
133E,  639;  proposed  Labou- 
laye,  the,  132C;  632;  to  the 
constitution,  senatus-consul- 
tum  upon,  117D,  577;  upon 
the  seat  of  government,  ! 
133D,  639;  Wallon,  the,  1321>,  ; 
632. 

Amiens,  treaty,  63.  294. 


Annexations  of  1809-1810,  84, 
425-436. 

Appeal,  election,  111F,  543. 
April,  petition  of  16th  of,  108, 
521. 

Army,  proclamation  of,  75A, 
379;  proclamation  to,  11 1C, 
541;  reorganization,  law,  128, 
618. 

Articles,  organic,  for  the  Cath- 
olic church,  64B,  299;  organ- 
ic, for  the  Protestant  sects, 
64D,  307. 

Assignats,  decree,  47,  204. 
Assembly,  extraordinary,  95, 
466. 

Assistance  and  fraternity,  28A, 
129. 

Associations,  law,  137,  657. 
August.  See  Fourth  of  August. 
Austria. 

Armistice  with  France  (Vil- 
lafranea),  116E,  571. 
Declaration  of  war  against, 
19,  103. 

Treaties  with  France,  Campo 
Formio,  55,  261;  Luneville, 
62,  290;  Pressburg,  74,  375; 
Vienna,  85,  430;  Zurich, 

116F,  572. 

Ultimatum  to  Sardinia,  116A. 
566. 

Basle,  treaty,  48A.  206. 
Benedetti,  proposed  treaty,  120, 
591. 

Berlin,  decree,  77B.  385. 

Body  guard,  the  King's,  20B, 
106. 

Bookselling,  86,  433. 


662 


INDEX 


Bordeaux,  address,  114C,  557. 

Brief,  papal,  136B.  654. 

British.  See  Great  Britain. 

Brumaire,  decree.  57,  269. 

Duke  of  Brunswick’s  Manifes- 
to, 23,  118. 

Budget,  senatus-consultum  on, 
117C,  576. 

Calendar,  Republican,  44,  191. 

Campo  Formio,  treaty,  55,  261. 

C'asimir-Perier,  proposal,  132A, 
631. 

Catechism,  Imperial,  65B,  313. 

Catholic  church,  organic  arti- 
cles for,  64B,  299. 

Chamber  of  Deputies,  declar- 
ation, 104H,  505;  King’s 

speech  to,  1C3A,  491;  proc- 
lamation, 104E,  502;  response 
to  Charles  X,  103B,  492. 

Chambord,  manifesto.  See 
White  Flag  letter. 

Charles  X,  abdication,  104G, 
504;  response  to  Chamber, 
103C,  493;  speech,  103A,  491. 

Charter,  constitutional,  93,  456., 

Chaumont,  treaty,  89,  440. 

Circulars,  diplomatic,  upon 
Franco-Frussian  war,  123, 
596-601;  Gambetta’s,  134F, 
645;  letter  of  Louis  XVI  to 
foreign  courts,  10,  39;  of 

keeper  of  seals.  102,  489; 

Padua,  the,  13,  54;  Persigny, 
the,  118,  586. 

Civil  constitution  of  the  cler- 
gy, 6C,  16. 

Church,  buildings,  29H.  139; 

Constituent  Assembly  and, ' 
6,  15-23;  lands,  6A,  15. 

Clergy. 

Civil  constitution  of,  6C,  16. 
Dangerous,  decree  upon,  29C, 
135. 

Non-juring,  decree  (rejected) 
upon,  17B,  99;  decree  upon, 
29B,  134;  decree  upon  de- 
portation of,  20A,  104. 

Oath  of,  6D,  22. 


Clerical  oath.  6D,  22. 

Committees,  Revolutionary,  33, 
157;  Public  Safety,  35,  159. 

Communal  law,  127A,  612. 

Commune  of  Marseilles,  22A, 
110. 

Concordat,  the  64A,  296. 

Confederation  of  the  Rhine, 
78.  397;  declaration  of,  78C, 
401;  treaty  for,  78A,  398. 

Congress  of  Paris,  115,  560. 

Constituent  Assembly,  decree 
abolishing  industrial  corpo- 
rations, 11,  43;  decree  abol- 
ishing nobility,  8,  34;  decree 
concerning  King,  12F,  53  and 
12H,  54;  decree  creating,  1, 

. 1;  decree  for  maintaining 
public  order,  12B,  51;  decree 
on  measures  of,  first,  12C, 
51;  decree  on  measures  of, 
second,  12D,  52;  decree  on 
oath  of  allegiance,  12E,  52; 
decree  of,  3C,  10;  de- 

cree reorganizing  judiciary, 
9,  34;  decree  reorganiz- 

ing local  government,  7,  24; 
documents  upon,  6,  15;  pro- 
test of  the  Right,  12G,  53. 

Constitution. 

Amendments  to,  117D,  577; 
Constitutional  laws  and 
amendments  133,  633-639. 
Constitutional  statutes,  72A, 
368. 

Declaration  upon,  27A,  128. 
King’s  acceptance  of,  16,  96. 
(See  also  Constitutions  of 
France.) 

Constitutions  of  France,  of  1791, 
15,  58;  of  1793  (year  I),  39, 
170;  of  1795  (year  III),  50, 
212;  of  1799  (year  VIII),  58, 
270;  of  1802  (year  X),  sena- 
tus-consultum of  Aug.  4, 
1802,  66E,  327;  1804  (year 

XII),  senatus-consultum  of 
May  18,  1804,  71,  343;  of  1814, 
constitutional  charter  cf 
1814,  93,  456;  of  1815,  the  Act 


INDEX 


663 


additional,  98,  471;  of  1830. 
105,  507;  of  1848,  110,  522; 
of  1852,  112,  544;  of  1870,  sen- 
atus-consultum  of  May  21, 
1870,  117H,  581;  constitution- 
al laws  and  amendments, 
133,  633. 

Constitutional  laws  of  1875, 
133A-C,  633-636. 

Constitutional  statute  upon 
Italy,  72A,  368. 

Consulate,  constitution  of,  50, 
212;  for  life,  66,  323-327. 

Consuls,  order  of,  66D,  326. 

Continental  system,  77,  3S4- 
396. 

Convention. 

Declaration  of,  assistance  to 
foreign  peoples,  28A,  129; 
129;  on  constitution,  27 A, 
128;  religious  policy,  29A. 
134;  war  against  Great 
Britain,  31,  148. 

Decrees,  laws  and  acts, 
abolishing  monarchy,  2713, 
128;  assignats,  47,  204;  cal- 
endar, 44,  191;  Committees, 
Public  Safety,  35,  159: 

Committees,  Revolutionary, 
33,  157 ; dating  documents, 
27D,  129;  deputies  on  mis- 
sion, 37,  164;  education, 

38A-C,  167-169;  Emigres, 

30B,  147;  enforcement  of 
laws,  27C,  129;  Government 
of  Terror,  45,  194;  Govern- 
ment, Revolutionary,  43, 
189;  levy  en  masse,  of,  40, 
183;  maximum,  of.  42,  187; 
non-intervention,  28C,  133; 
priests  and  religion,  29B-I, 
134-140;  proclaiming  liber- 
ty 28B,  130;  suspects,  of, 
41,  185;  tribunal,  Revolu- 
tionary, 32A,  151  and  32B, 
154;  unity  of  Republic, 
27E,  129. 

Election  of,  25,  124. 


and  Education,  38,  167. 
and  Religion,  29,  133. 

Conventions,  Dardenelles,  115B, 
564;  Erfurt,  82,  421;  of 

Fontainebleau,  81  A,  418; 
with  Charles  IV,  81B,  420; 
with  Genoa,  54,  259;  with 

Prussia,  48B,  208.  (See  also 
Treaties.) 

Corps-Legislatif,  address  to 
Napoleon,  88,  437 ; and  Sen- 
ate, 122,  596. 

Crisis  of  the  16th  of  May,  134, 
640-648. 

Coup  d’Etat  of  December  2, 
1851,  11,  538-543. 

Dardanelles  convention,  115B, 
564. 

Debates,  publication  of,  1173, 
575. 

De  Broglie,  interpellation, 
129A,  622. 

Declarations,  for  assistance  and 
fraternity  to  foreign  peoples, 
28A,  129;  of  Chamber  of  Dep- 
uties, 104H,  505;  of  confed- 
erated states,  78C,  401;  of 

Frankfort,  87,  436;  of  inten- 
tions of  King,  3B,  5;  of  King, 
June  20,  1791,  12A,  45;  of 
King  upon  states-general, 
3A,  3;  of  Paris  commune, 
126,  608;  of  Pilnitz,  14,  57;  of 
powers  against  Napoleon, 
96,  468;  of  regent  of  France. 
30A,  145;  of  rights  of  man 
and  citizen,  5,  15;  of  rights, 
Robespierre’s  proposal,  36, 
160;  of  St.  Ouen,  92,  455; 
of  the  Tribunate,  66A,  324; 
of  war  against  Austria,  19, 
103;  of  war  against  Great 
Britain,  31,  148;  of  1682,  64C, 
305;  relative  to  workingmen, 
107B,  516;  respecting  mari- 
time power,  115C,  565;  Tar- 
get, the;  129D,  627;  upon  the 
constitution,  27A,  128;  upon 


66+ 


INDEX 


the  Republic,  109,  522;  upon 
the  reorganization  of  Ger- 
many, 69,  339. 

Decrees,  address  to  throne, 
upon,  117A,  574;  Assembly 

(June  23,  1789),  3C,  10;  As- 
sembly convoking,  extraor- 
dinary, 95,  466;  Assembly, 

first,  measures  upon,  12C,  51 ; 
Assembly,  second,  measu;  es 
upon,  12D,  52;  Assembly  Na- 
tional (June  17,  1789),  1,  1; 
Assembly,  National  (Mar.  5, 
1848),  107H,  519;  Assembly, 
National  (Dec.  2,  1851),  111A, 
538;  assignats,  47,  204;  Bona- 
parte, Joseph,  King  of  Na- 
ples, 75B,  380;  Berlin,  the, 
77B,  385;  Bonaparte,  Joseph. 
King  of  Spain,  81C,  421;  Bo- 
naparte, Napoleon,  deposing, 
90C,  444;  Brumaire,  the,  57, 
269;  calendar,  Republican, 
44,  191;  church  buildings, 

29H,  139;  church  lands,  6A, 
15;  clergy,  civil  constitution 
of,  6C,  16;  clergy,  non-juring 
(rejected),  17B.  99;  clerical 
oath,  6D,  22;  Committee  of 
Public  Safety,  35,  159;  Com- 
mittees, Revolutionary,  33, 
157 ; convention,  election  of, 
25,  124;  Corps-Legislatif  and 
Senate,  122C,  596;  criminal 
tribunal,  extraordinary,  32A, 
151;  departments  and  dis- 
tricts, 7B,  29;  deputies  on 
mission,  37,  164;  documents, 
dating  of,  27D,  129;  docu- 
ments, papal,  6E,  23;  educa- 
tion, primary,  38A,  167;  edu- 
cation, secondary,  38B,  168; 
Emigres,  against,  30B,  147 ; 
Emigres  (rejected),  17A,  97; 
Fedgres,  camp  of,  20C,  106; 
fourth  of  August,  4,  11 ; Gov- 
ernment of  the  Terror,  or- 
ganic, 45.  194;  Government, 
Revolutionary,  43,  183;  Impe- 
rial university,  65C,  314;  in- 


dustrial corporations,  11,  43; 
interpellation,  117E,  578;  ju- 
dicial system,  9,  34;  Kings 
body  guard,  20B.  106;  King, 
concerning  (June  25,  1791), 
12F,  53;  King,  concerning 

(July  16,  1791),  12H,  54;  la- 
bor, 107G,  518;  laws,  enforce- 
ment of,  27C,  129;  levy  en 
masse,  40,  183;  liberty,  pro- 
claiming, 28B,  130;  Louis 

XVI,  suspension  of,  24,  122; 
Milan,  the,  77E.  393;  mon- 
archy, abolishing,  27B,  128; 
monastic  vows,  6B,  16;  mu- 
nicipalities, 7A,  24;  Napol- 
eon, deposing,  90C,  444;  no- 
bility, abolishing,  8,  34;  no- 
bility, titles  of,  107F,  518; 

non-intervention,  28C,  133; 

oath  of  allegiance,  12E,  52; 
offenders,  political  and  press, 
122D,  596;  papal  states,  84A„ 
425;  plebiscite  (Dec.  2,  1851), 
11  ID,  542;  plebiscite  (Dec.  4, 
1851),  1 1 1E.  542;  press,  34, 

158;  press,  organic,  113,  550; 
priests,  dangerous,  29C,  134; 
priests,  deportation  of  non- 
juring,  20A,  104;  priests,  non- 
juring,  29B,  134;  printing  and 
bookselling,  86.  433;  public 
order,  12B,  51;  Rambouillet, 
77G,  396;  rejected  decrees,  17, 
97-99;  religion,  29G,  139;  re- 
ligion, expenditures  for,  29F, 
138;  religious  freedom.  29D. 
136;  religious  policy,  29A.  134; 
Republic  (Oct.  22,  1808),  83, 
424;  Republic,  unity  of,  27E, 
129;  slavery  (1794),  46,  204; 
slavery  (1848),  1071,  520; 

Thiers,  124A,  604;  workshops, 
national,  107D,  517;  worship 
of  Supreme  Being,  29E,  137. 
(See  also  Laws,  Organic 
Acts.) 

Departments,  laws  upon,  7B, 
29;  127B,  613. 

Deputies  on  mission,  37,  lfir 


INDEX 


665 


Diet,  Napoleon  to  tile,  78B, 
399. 

Dissolution  of  1830,  103,  491-494. 

Documents,  dating  of  public, 
27D,  129. 

Education,  convention  and,  38, 
167;  Napoleon  and,  65,  303- 
314;  organic  act  upon,  38C, 
169;  primary,  38A,  161;  sec- 
ondary, 38B,  168. 

Election  appeal,  111F,  543. 

Election  law  of  1830,  1C6,  513. 

Emigres,  17A,  97;  30,  144-117. 

Ems  despatch,  121,  593. 

Encyclical,  papal,  136,  652. 

Erfurt  convention,  82,  421. 

Ernoul,  order  of  the  day,  129C, 
627. 

Evolution  of  the  Empire,  114, 
553-559. 

Evolution  of  the  Liberal  Em- 
pire, 117,  574-581. 

Executive  power,  decrees  and 
laws  upon,  124,  603. 

Expenditures,  upon  religion, 
29F,  137. 

Fdderes,  address  of,  22B,  113; 
camp  of,  20C,  106. 

First  Consul,  message,  66C, 
325. 

Fontainebleau,  convention  of, 
81  A,  418;  treaty  of,  90G,  450. 

Foreign  c-curts,  10,  39. 

Foreign  policy,  convention  and, 
28,  129. 

Fourth  of  August,  4,  11. 

Fourth  of  September,  122,  595. 

Francis  II,  abdication,  78D, 
403. 

Franco-Prussian  war,  123,  596. 

Frankfort  declaration,  87,  436. 

■Fraternity,  declaration  for. 
28  A,  129. 

Gambetta,  circular,  134F,  645. 

Genoa,  54,  259. 


Germany,  confederation  of  the 
Rhine,  78,  398;  reorganiza- 
tion, 69,  339;  Germany,  North, 
annexation  of,  84D,  430. 

Government,  national  defence, 
122,  595;  proposals,  129B,  623; 
provisional  of  1848,  107,  514; 
Revolutionary,  43,  189;  seat 
of,  133D,  639;  Terror,  45,  194; 
Thiers,  124,  604  and  129,  622- 
627. 

Great  Britain. 

Declaration  of  war  against, 
31,  148. 

Law  upon  its  products,  53, 
258. 

Treaties',  alliance  against 
France,  100,  482;  Amiens, 
63,  294;  Chaumont,  89,  440; 
Congress  of  Paris,  115,  569- 
565;  note  to  powers,  77A, 
384;  orders  in  council,  77C, 
387,  77D,  389,  and  77F, 

394;  with  Russia,  73,  372. 

Hague,  treaty,  49,  209. 

Holland. 

Annexation,  84D,  430. 
Treaties,  Hague,  49,  209; 

with  France,  76,  381;  with 
France  (1810),  84C,  428. 

Hostages,  law',  56,  267. 

Hostilities,  suspension  of,  52A, 
255. 

Industrial  corporations,  11,  43. 

Interpellation,  De  Broglie. 
129A,  622;  Imperial  decree, 
upon,  117E,  578. 

Italy,  constitutional  statute, 
72A,  368;  kingdom,  72,  368- 
369;  war  with,  116,  566-573. 

Jacobin  club,  address  of,  26, 
126. 

Judicial  system,  9,  34;  61,  288. 

July,  monarchy,  107A,  515; 

ordinance,  104A,  495;  revolu- 
tion, 104,  495-505. 


666 


INDEX 


Keeper  of  the  seals,  circular, 
102,  489. 

King,  accepts  constitution,  16, 
96;  body  guard  of,  20,  106; 
declaration  of,  3A,  3 and 

12A,  45;  decree  concerning, 
12F,  53  and  12H,  54;  flight 
of,  12,  45;  intentions  of,  3B, 
5;  of  Prussia,  letter  to,  18, 
102;  proclamation  of,  103D, 
494;  response  to  deputies, 
103C,  439;  speech  of,  103A, 
491;  suspension  of  Louis  XVI, 
24,  122. 

King  of  Prussia,  letter  to,  18, 
102. 

King’s  flight,  12,  45-54. 


Labor,  decree,  107G,  518. 

Laboulaye,  proposed  amend- 
ment, 132C,  632. 

Laws,  administrative  system, 
reorganization  of,  60,  283; 

army,  for  reorganizing,  128, 
618;  associations,  of,  137, 
657 ; British  products,  upon, 
53,  258;  communal,  127A,  612; 
constitutional,  133,  633-636, 

upon  Senate,  133A,  633,  upon 
organization  of  public  pow- 
ers, 133B,  635,  upon  relation 
of  public  powers,  133C,  636; 
departmental,  127B.  613; 

elections,  upon,  106,  513;  hos- 
tages, of,  56,  267;  judicial 
system,  reorganization  of, 
61,  288;  Legion  of  Honor,  for 
organizing,  67,  336;  maxi- 

mum, of,  42,  187;  22  Prairial, 
of,  32B,  154;  presidency,  upon 
the,  124C,  606;  press,  upon 
the  (1819),  101A,  485;  press, 
upon  the  (1820),  101B,  485; 
press,  upon  the  (1822),  101C, 
488;  public  enemies,  against, 
51,  254;  public  instruction,  up- 
on, 65A,  308;  public  meetings, 
upon,  119,  589;  Rivet,  the, 
124B,  60S;  Septennate,  of  the. 


131,  630;  slavery  in  colonies, 
upon,  68,  339;  suspects,  of, 
41,  185.  (See  also  Decrees, 
Organic  Acts.) 

Laws,  enforcement  of,  27C, 

129. 

Left,  manifesto  of  the  extreme, 
129E,  627. 

Legion  of  Honor,  law,  67,  336. 

Letters,  Louis  XVI  to  foreign 
courts,  10,  39;  Louis  XVI  to 
King  of  Prussia,  18,  102; 

MacMahon  to  Simon,  134A, 
640;  Simon  to  MacMahon, 
134B,  641;  White  Flag,  the, 

130,  627. 

Levy  en  masse,  40,  183. 

Liberal  Empire,  evolution  of, 
117,  574. 

Liberty  arid  sovereignty,  23B, 
130. 

Local  government,  7,  24;  127, 
612-613. 

Louis  Napoleon,  114,  *56. 

Louis  Philippe,  proclamation, 
104F,  504. 

Louis  XVI,  acceptance  of  con- 
stitution, 16,  96;  body  guard 
of.  20B,  106;  circular  letter, 
10,  39;  declarations  upon  in- 
tentions, 3B,  5;  declarations 
upon  states-general,  3A,  3; 
letters  to  King  of  Prussia, 
18,  102;  suspension  of,  24, 
122;  upon  flight  of,  12.  45- 
54. 

Luneville,  treaty,  62,  290. 

Luxembourg  commission,  10715, 
517. 


MacMahon,  letter  to  Simon, 
134A,  640;  manifestoes,  134E. 
643  and  134G,  647;  message, 
134H,  64S;  Simon’s  letter  to, 
134B,  641. 

Manifestoes,  Duke  of  Bruns- 
wick’s, 23,  118;  extreme  Left, 
129E,  627;  MacMahron's  to 

Freach  people  (Sept.  19, 


INDEX 


667 


1877),  134E,  643;  MacMahon’s 
second  (Dec.  14,  1877),  134G, 
648;  Thiers’  Orleanist,  104D 
502. 

Marseilles,  commune  of,  22A, 
110. 

Maximum,  law,  42,  187. 

Messages,  First  Consul  to  Sen- 
ate, 66C,  325;  of  MacMahon, 
134H,  648.  (See  also  Speech. 
Address.  1 

Milan,  decree,  77E,  393. 

Milan,  proclamation,  116D,  570. 

Monarchy,  decree  abolishing, 
27B.  128;  overthrow  of  Span- 
ish, 81,  418. 

Monastic  vows,  6'B,  16. 

Municipalities,  7A,  24;  127A, 

612. 

Naples,  Joseph  Bonaparte,  King 
of,  75B,  380;  kingdom  of,  75, 
378. 

Napoleon  I,  abdications,  90D, 
446  and  90F,  449;  address  of 
Corps-Legislatif  to,  88,  437: 
alliance  against,  97,  469;  Con- 
sul for  life,  66,  323;  declara- 
tion against,  96,  468;  depo- 
sition, 90C,  444;  education, 
and,  65,  308;  Emperor,  71, 
343;  King  of  Italj',  72,  36S; 
note  to  Diet.  78B,  399;  proc- 
lamations, 75A,  379  and  94, 
464;  reorganization  of  relig- 
ion, 64,  296. 

Napoleon  III,  proclamations, 
116C,  568  and  116D.  570. 

National  Assembly. 

1789,  1,  1. 

1848,  107H,  519. 

1851,  decree  for  dissolving 
the,  111A,  538. 

1871-1875,  decrees  and  laws, 
of  the  Septennate,  131,  630; 
upon  executive  power,  124, 
603-606;  upon  reorganiza- 
tion of  army,  128,  618;  up- 
on reorganization  of  local 
government,  127,  612-613. 


National  workshops,  107D,  517. 

Newspapers,  59,  282.  (See  al- 
so Press.) 

Nobility,  8,  34;  107F,  518. 

Non-intervention,  decree  upon, 
28C,  133. 

Non-juring  clergy.  See  Cler- 

gy. 

Notes,  Austrian  ultimatum, 
116A,  566;  British  note  to 

neutral  powers,  77A,  384;  Na- 
poleon to  Diet,  78B,  399;  re- 
ply of  Sardinia,  116B,  568. 

Oath,  allegiance,  decree,  12E, 
52;  clerical,  decree  upon,  6D, 
22;  Tennis  Court,  2,  2. 

Offenders,  political  and  press, 
122D,  596. 

Orders,  for  Luxembourg  com- 
mission, 107E,  517;  of  the 
consuls,  66D,  326;  suppress- 
ipg  newspapers,  59,  282. 

Orders  of  the  day,  134C,  642; 
Ernoul,  129C,  627. 

Orders  in  council,  British 
(Jan.  10,  1807),  77C,  387; 

British  (Nov.  11,  1807),  77D, 
389;  British  (Apr.  26,  1809), 
77F,  396. 

Ordinances,  July,  the,  104A, 
495;  royal,  upon  the  press, 
101D,  489. 

Organic  acts  and  laws. 

Acis,  upon  education,  38C, 
169;  upon  religion,  291,  140. 
Articles.  Catholic  church, 
64B,  299;  Protestant  sects, 
64D,  307. 

Decree,  Government  of  Ter- 
ror, 45,  194;  press,  113,  550. 
Senatus-consultum,  for  an- 
nexation of  papal  states, 
84B,  430;  for  annexation 
of  Holland  and  North  Ger- 
many, 84D,  430.  (See  also 
Laws,  Decrees.) 

Orleanist  manifesto,  Thiers', 
104D,  502. 

Padua,  13,  54. 


668 


INDEX 


Papacy. 

Brief  to  French  cardinals, 
136B,  654;  documents  upon, 
136,  652;  publication  of  pa- 
pal documents,  6E,  23.  (See 
also  Pope.) 

Papal  documents.  See  Papac;/. 
Papal  states,  annexation,  84A, 
425;  84B,  426. 

Paris. 

Congress  of,  115,  560-565. 
Declaration  of,  115C,  565. 
Deputies,  protest  of,  104C, 
501. 

Journalists,  protest  of,  104B, 
501. 

Proclamation  to,  122B,  595. 
Sections,  address  of,  22C,  114. 
Treaties,  1814,  91,  451;  1S15, 
99,  479;  1S56,  115A,  561. 
Persigny,  circular,  118,  5S6. 
Petitions,  20th  of  June  (1792), 
21,  107;  16th  of  April  (1848), 
108,  521. 

Pilnitz,  14,  57. 

Plebiscite,  first  decree  for, 
11  ID,  542;  second  decree  for, 
111E,  542. 

Pope,  treaties  with,  52,  255- 
257.  (See  also  Papacy.) 
Powers,  British  note  to  neu- 
tral, 77A,  384. 

Prairial,  law  of  22,  32B,  154. 
Priests.  See  Clergy. 
Prince-President  to  Chambers, 
speech  of,  114A,  553. 
Presidency  law,  124C,  606. 
Press,  decree  upon,  34,  158;  de- 
cree upon  printing-  and  book- 
selling, 86,  433;  laws  of  the 
Restoration,  101,  485-488;  of- 
fenders, political  and,  122D, 
596;  organic  decree  upon,  113, 
560;  protest  of  Paris  journal- 
ists (July  26,  1830),  104B, 

501;  royal  ordinance  upon, 
101D,  4S9;  suppression  of,  59, 
282.  (See  also  Newspapers.) 
Pressburg,  treaty,  74,  375. 
Printing,  86,  433. 


Proclamations,  for  Luxem- 
bourg commission,  107E,  517 ; 
of  allies,  90A,  443;  of  army, 
75A,  379;  of  deputies,  104E, 
502;  of  King,  103D,  494;  of 
kingdom,  72B,  369;  of  liber- 
ty and  sovereignty,  28B,  130; 
of  Louis -Philippe,  104F,  504; 
of  Napoleon,  9v,  464;  of  Na- 
poleon III,  116D,  570;  of  the 
Republic,  107C,  516;  over- 

throw of  July  monarchy, 
107A,  515;  to  army,  11 1C, 
541,  to  French  people  (1870), 
122A,  595;  to  Italians,  116D, 
570;  to  Parisians,  122B,  595; 
to  peoxrle  (1851),  111B,  538. 

Program,  general  socialist,  135, 
649. 

Projects  and  proposals,  Bene- 
detti  treaty,  120,  591;  Casi- 
mir-Perier,  the,  132A,  631; 
Government,  the,  129B,  623; 
Laboulaye  amendment,  132C, 
632;  Robespierre’s  declara- 
tion of  rights,  36,  160;  Sen- 
ate’s constitution,  90E,  446; 
Ventavon,  the,  132B.  631. 

Proposals,  government,  129B, 
623. 

Protest  of  the  Right,  12G,  53. 

Protestant  sects,  organic  ar- 
ticles for,  64D,  307. 

Protests,  of  Paris  deputies, 
104C,  501;  of  Paris  journalists, 
104B,  501;  of  the  Right,  12G, 
53. 

Prussia. 

Diplomatic  circular,  123B, 
599;  123C,  601. 

Treaties,  alliance  against 
France,  100,  482;  Basle,  48A, 
206;  Congress  of  Paris,  115, 
560;  preliminary,  of  Ver- 
sailles, 125,  607;  proposed 
Benedetti,  the,  120,  591; 

secret  convention,  48B,  208; 
with  France  (1807),  79C, 
411;  with  France  (1808), 
79D,  415. 


INDEX 


669 


Public  documents,  dating  ot, 
27D,  129. 

Public  enemies,  law,  51,  254. 
Public  meetings,  law,  119,  589. 
Public  order,  12B,  51. 

Public  powers,  constitutional 
laws  on,  133B,  635;  133C,  636. 
Public  Safety,  Committee  'of. 
35,  159. 

Publication  of  debates,  117B, 
575. 


Kambouillet,  decree,  77G,  396. 

Re-election  of  Consul  by  Sen- 
ate, 66B,  324. 

Regent  of  France,  declaration 
of,  30A,  145. 

Rejected  decrees,  the,  17,  97. 

Religion,  convention  and.  29, 
1.33-3.39 ; organic  act  upon, 
291,  140. 

Religious  freedom,  29D,  136. 

Religious  policy,  decree  upon, 
29 A,  134. 

Reorganization,  of  administra- 
tive system,  60,  283;  of  army, 
128,  618;  of  Germany,  69,  339; 
of  judicial  system,  9,  34  and 
61,  288;  of  local  government. 
7,  24  and  127,  612;  of  religion, 
64,  296. 

Replies  and  responses,  of 
Chamber  of  Deputies,  103B, 
492;  King’s  acceptance  of 
constitution,  16,  96;  of  King, 
1 03C,  493;  of  Sardinia,  116B, 
568. 

Republic. 

The  first,  transition  to,  27, 
128-129;  unity  and  indivis- 
ibility of,  27E.  129. 

The  second,  constitution  of, 
110,  522;  declaration  upon. 
109,  522;  proclamation  of, 
107C,  516. 

The  third,  constitutional  laws 
and  amendments  of,  133, 
633-639;  establishment  of, 
132,  631-632;  relations  with 
papacy,  136,  652. 


Term,  use  of,  83,  424. 

Republican  calendar,  44,  191. 

Restoration  monarchy,  transi- 
tion to,  90,  443;  press  laws 
and  ordinances  of,  101,  485. 

Revolution,  July,  104,  495 

Revolutionary  committees,  33, 
157. 

Revolutionary  decrees,  the 
three,  20,  104. 

Revolutionary  government,  43, 
189. 

Revolutionary  tribunal,  32,  151. 

Rhine,  confederation  of.  See 
Confederation  of  the  Rhine. 

Rights  of  man  and  citizen, 
declaration  of,  5,  15. 

Rivet  law,  124B,  604. 

Robespierre’s  proposed  declar- 
ation of  rights,  36,  160, 

Royal  session,  3,  3. 

Russia. 

Treaties  and  conventions,  al- 
liance against  France,  100, 
482;  alliance  against  Na- 
poleon, 97,  469;  alliance 

with  Great  Britain,  73,  372; 
Chaumont,  89,  440;  Con- 
gress of  Paris,  115,  560:  Er- 
furt convention,  82,  421; 

Paris  (1S14).  91,  451;  Paris 
(1815),  99,  479;  with  France 
(1807),  79 A,  405;  with 

France  (secret,  1807),  79B, 
409. 


St.  Ouen,  declaration,  92,  455. 

Sardinia,  reply  to  Austria, 
1 16B,  568. 

Senatus-consultum. 

Amendments,  upon  (1866), 
1 17D,  577. 

Budget,  upon  (Dec.  31,  1861), 
117C,  576. 

Constitution  of  Tear  X 
( 1802),  66E,  327. 

Constitution  of  Tear  XII 
(1804),  71,  343. 

Debates,  upon  (Feb.  2,  1861), 
1 17B,  575. 


670 


INDEX 


Empire,  upon  (1S52),  114D, 
559. 

Of  May  21,  1S70,  117H,  581. 
Of  Sept.  8,  1869,  117G,  579. 
Organic,  annexing  Holland 
and  North  Germany,  84D, 
430;  annexing  papal  states, 
84B,  426. 

Powers  of  Senate,  upon  (1867) 
117F,  579. 

Suppressing  Tribunate  (1807) 
80,  417. 

Septennate,  law,  131,  630. 

Senate. 

Consulate  and  First  Empire, 
Act  of,  90,  444;  proposed 
constitution,  90E,  446;  re- 
election  of  Napoleon  Bona- 
parte, 66B,  324. 
Organization  of  (1875),  133A, 
633. 

Second  Empire,  abolished, 
122C,  596;  senatus-consul- 
tum  on  powers  of,  117F, 
579. 

Simon,  letter  to  MacMahon, 
134B,  641. 

Sixteenth  of  May  crisis,  134, 
640. 

Slavery,  decree  upon  (1794), 
46,  204;  decree  upon  (1S48), 
1071,  520;  in  colonies  re-es- 
tablished, 68,  339. 

Socialist  program,  135,  649. 

Sovereignty,  liberty  and,  28B, 
130. 

Spain. 

Joseph  Bonaparte  King,  81 C, 
421. 

Treaties  and  conventions, 
Fontainebleau,  81  A,  418; 
with  France  (1803),  70, 

342;  with  France  (1808), 
81 B,  420. 

Spanish  monarchy,  overthrow 
of,  81,  418. 

Speeches,  of  King,  103A,  491 ; 
of  Prince -President,  114A, 
553.  (See  also  Address,  Mes- 
sage.) 


States-general,  royal  session 
of,  3,  3. 

Supreme  Being,  worship  of, 
29E,  137. 

Suspects,  law  of,  41,  185. 

Target,  declaration,  129D,  627. 
Tennis  Court,  2,  2. 

Thiers,  government  of,  124,  603- 
606;  Orleanist  manifesto  of, 
104D,  502;  overthrow  of,  129, 
622. 

Tilsit,  treaties,  79,  405-415. 
Tolentino,  treaty  of,  52B.  257. 
Transition,  to  the  Republic.  27, 
128-129;  to  the  Restoration 
monarchy,  90,  443-450. 
Treaties. 

Alliance  against  France,  100, 
482. 

Alliance  against  Napoleon, 
97,  469. 

Amiens,  63,  294. 

Basle,  48A,  206. 

Benedetti  (proposed),  120. 
591. 

Campo  Formio,  55,  261. 
Chaumont,  89,  440. 
Establishing  confederation, 
78 A,  398. 

Fontainebleau,  90G,  450. 
Great  Britain  and  Russia,  73, 
372. 

Hague,  49,  209. 

Holland,  with,  76,  381. 
Holland,  with,  84C,  42S. 
LundvilUe,  62,  290. 

Paris  (1814),  91,  451. 

Paris  (1815),  99,  479. 

Paris  (1856),  115A,  561. 

Pope,  with  the  (1796),  52A, 
255. 

Pope,  with  the  (1797),  52B, 
257. 

Fressburg,  74,  375. 

Spain,  with,  70,  342. 

Tilsit,  79,  405-415;  with  Prus- 
sia (1807),  79 C,  411;  with 
Prussia  (1808),  79D,  415 ; 

with  Russia,  79A,  405;  with 


INDEX 


671 


Russia,  79B,  409;  Turin, 

116G,  573;  Versailles,  125, 
607;  Vienna,  85,  4S0;  Zu- 
rich, 116F,  572.  (See  also 
Conventions.) 

Tribunate,  declaration,  66A, 
324;  suppression,  80,  417. 

Turin,  treaty,  116G,-  573. 

University,  Imperial,  65C,  314. 

Varennes.  See  Kind’s  Flight. 

Vedennes,  address,  114B,  556. 


Ventavon,  project,  132B,  631. 
Versailles,  treaty,  125,  607. 
Vienna,  treaty,  85,  430. 
Villafranca,  armistice,  116E, 
571. 


Wallon,  amendment,  132D,  632. 
White  Flag  letter,  130,  627. 
Workingmen,  declaration,  107B, 

516. 

Workshops,  national,  107D, 

517. 

Zurich,  treaty,  116F,  572. 


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11 1 


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